Trials
by kensi54382
Summary: The time has come for Zoe, Tracy and Max to face their crimes. Tony is happy about that, but can he stay that way throughout the two trials that are taking place?
1. Chapter 1

**A/N: This story continues on from 'Zoe's Revenge'. Again, it is able to be read alone, but there are links back to the last two stories that may be confusing.**

 **Tony is still off work, one month into his recovery. He has gone back to his apartment, and Emma has moved in temporarily. Delilah is back from an undercover operation (which happened during 'Zoe's Revenge'), and catching up with Tony, so there will be a few flashbacks, or at least memories during conversations, to the last few days of Tony's hospital stay and the first few days out of the hospital.**

* * *

Tony opened the door for McGee and Delilah, who were coming over for dinner and to keep Tony company until Emma came back from her shift at Bethesda. McGee had visited almost every day for the past three weeks once Tony had returned home, but Delilah had just come back into town after her latest op had ended.

"Nice place, Tony," said Delilah, admiring his apartment. It was the first time she had been there.

"Thanks Delilah," said Tony with a smile.

"Did you do the decorating?"

"Yes. Who else is going to do it? I live alone."

"That's a good point. I've just never met a man that willingly decorates his home. I practically redid all of Tim's apartment when I moved in."

Tony laughed. "Sounds about right."

"Hey!" McGee complained. "That's not fair."

"What?" asked Delilah innocently, which quickly turned into a fit of laughter at the look on McGee's face.

Soon, Tony and McGee were joining in on the laughter. It had been a long time since any of them had really laughed, though for different reasons. They continued laughing, occasionally stopping for air, during which someone would tell a stupid joke. It went on like that for nearly an hour, only stopping when the door opened again.

"Hi McGee," said Emma.

"Oh, hey. How was your day?" Emma had taken the last three weeks off to look after Tony, so it was her first day back.

"It was slow. I missed Tony." Emma put her bag on the coat rack next to the door and went over to Tony, wrapping her arms around him.

"I missed you too," whispered Tony, holding her close.

They stood there for a moment, happy to be in each other's arms again, then Tony looked up and introduced Delilah.

"Nice to meet you, Emma," said Delilah. "It's great to meet the woman that finally caught Tony."

"I think it's actually Tony that caught me," laughed Emma. "But, yes, it is nice to have Tony back."

"McGee kept me up to date until about four days before Tony went home. It's good to see that you're doing better, Tony."

"Thank you Delilah," said Tony gratefully.

"Anyway," said Emma, sensing that Tony wasn't ready to talk about his health just yet, "let's have dinner, and then we can chat."

"Good idea. I'm making lasagna for us tonight," said Tony, making a beeline for the kitchen.

"Sounds nice. Why don't you guys come and have a seat, and Tony will bring out dinner when he's finished." Emma led their guests through to the dining table. Tony had already moved a chair for Delilah. "So, Delilah, if you don't mind, how did you end up in the chair?"

"I was working when a bomb exploded. It left me paralysed from the waist down," shrugged Delilah. "It's actually not too bad, once you get used to it."

"Fair enough. Sorry I asked."

"That's alright. It's not something that I hate talking about. What about Tony? Does he have permanent damage?"

"No. He'll tell you later, I think he's still trying to work out his feelings about everything he went through."

"Poor thing. I know how it feels. He must be so ready to go back to work."

"Not really. I mentioned it a few days ago, and he told me that he misses work, but he isn't ready to go back. I think he wants to deal with things first, before he thinks about his job."

"He has two months off anyway," said McGee. "And Vance is willing to give him more time if he needs it."

"When are the trials?" Tony asked as he entered the room. He put the lasagna on the table and served it.

"The first one is next week," answered McGee, purposely avoiding using names. "The second trial is straight after the first."

"What about the third one?"

"What third one?" McGee paused. "Oh, uh, no. There's only two. Keller and Johnson are combined."

"Okay." Tony put some food in his mouth, thinking as he chewed. "Delilah, you wanted to know what you missed?"

"Only if you want to talk about it. Remember, I've been there, I know how hard it is to talk when you aren't ready."

"It's alright. What did McGee tell you last?"

"You had just woken up, and the doctor had noticed you lost your memory," McGee said.

"It took two days for my memory to return. Poor Emma, she was so hurt. I couldn't remember that we had started dating."

"His appetite was good though," said Emma with a little laugh. "We got him pizza for lunch the day after he woke up, and he had finished it in ten minutes."

"It was pizza, of course he ate it." Delilah grinned. "Everyone knows he loves pizza."

"After my memory came back, albeit in a crappy way, I kind of got angry with the doctor and with Gibbs. Emma came in afterwards and spent some time with me until I calmed down. I ended up falling asleep on the poor woman."

"Hey, that didn't bother me in the least," said Emma with a cheeky grin.

"Anyway," continued Tony. "After lunch that day, they made me see a therapist. Luckily, it was Rachel, otherwise I would have made them leave again. But, I'm kind of glad that I spoke with her, because I did feel a little better afterwards."

"That's good Tony," said Delilah. "You have to look after yourself, especially at the moment. There's no shame in asking for help."

"I know. I've just never been good at talking about myself, the real me anyway."

"Well, time for that to change," said Emma, again wearing a cheeky grin.

"It's time for a new topic, I think," said McGee when he realised what Emma was up to. "How did it go with the neurologist?"

Tony had had an appointment that morning for a follow up head scan to compliment the one taken at the start of his home recovery.

"It went well. The neurologist told me that the scans he took this morning showed a marked improvement from the ones he took a month ago. The first ones he took showed that the swelling was still there, but it was minuscule and not enough to worry him. He was more concerned about the fractures in my skull. The ones he today showed no swelling at all, and the fractures have healed quite well. They are still there, and he told me it was likely to take at least another couple of months for them to heal fully, but he isn't worried about it. As long as I'm careful, I'll be alright."

"What about damage?"

"There's no permanent damage, though he wants to keep checking for a while. The neurologist, when I saw him a month ago, tested me for close to three hours. I have to say, I was getting quite bored with it by the time he finally finished."

"Three hours?" Delilah asked, feeling that was a bit too much.

"Yes, three hours," said Emma. "Because of Tony's injuries, the doctors wanted to ensure that Tony's brain was healing and that the risk of anything else happening was as minor as possible."

"What tests can they do that take so long?"

"Well," answered Tony, "I don't really remember what they were all called. He started off with normal check up stuff, like looking in my eyes with a light and getting me to follow his finger without moving my head. Then there were other tests too. The neurologist had me walk along a straight line, without looking down at the line; then I had to do the same on a zig-zagging line. After that, I had to memorise things and put the objects in order after a minute of seeing them. That was a little hard, actually. I got all of them except the last one right."

"That's quite normal after a head injury. Nobody was worried about it," Emma interjected. "They were more concerned when it came to quoting movies. Tony was finding it hard to remember the quotes he was asked about. We all know that that's a problem for Tony."

"Movie quotes? Why?" asked McGee.

"Because it's something Tony likes. Most tests they do are standard for all patients. But they always throw in at least one task that is specific to the person. It's the best indicator for how well they are doing."

"So, what happened with that?"

"Nothing," said Tony. "Because it had only been a few days since I woke up, the doctors were happy to let it go for the time being. It didn't mean I got a free pass or anything, just that they were aware that I wasn't going to be at my full capacity, or even half of it. When I went in this morning, they tested me with it again. I passed with flying colours this time."

"So, that's good, right?"

"Yes. Tony still has quite a long recovery ahead, but he's making progress every day. He'll get tested again in a month's time, and that will help decide whether or not he's ready to return to work," stated Emma, giving Tony's hand a squeeze.

"Well, we're all here for you. We're all on your side, Tony," said Delilah with a smile.

McGee nodded. "Of course," he said.

"Thank you guys," said Tony, "it means a lot."


	2. Chapter 2

Tony and Emma said goodbye to McGee and Delilah around eight thirty, then curled up on the couch together.

"Want to watch a movie?" Tony asked Emma.

"Not really," replied Emma with a yawn. "I think I need an early night."

"Okay." Tony wrapped her in his arms. "Want some company?"

"Of course." Emma stood and pulled Tony up with her, making sure he was behind her as she moved to the bedroom.

"Thank you for helping tonight."

"Oh, that's no problem. I figured you probably needed the back up anyway. You seemed like you were getting a little flustered."

"Just a bit. I wanted to explain everything properly, but it's a little hard to explain something you don't understand."

"It happens. It's done with now. Why don't you come and lie down with me." Emma patted the bed next to her, smiling happily when Tony joined her. "That's better."

Tony turned onto his side to face Emma. She had set up his side of the bed when he had come back home so that the pillows were soft enough for him to rest his head on without hurting himself, but Tony had found that the most comfortable way for him to sleep was when he was holding Emma in his arms. It was a comfort to him, but also meant he didn't have to sleep alone.

* * *

Tony woke up feeling apprehensive about what he had to do that day. Emma had left early for work and Bishop was coming to pick him up at ten to take him to NCIS. He wasn't going to work, just to meet with the prosecutor in both trials, but he still felt very nervous about stepping foot into the building after more than a month. And the fact that he was going to testify in court didn't help either. After all, Monday was two days away.

Tony got out of bed and showered quickly, putting on one of the suits he usually wore to work. Even that felt odd, but he pushed past it so he could focus. He was walking into the living room when there was a knock on his front door. Tony opened the door and saw Bishop there, smiling at him. He had missed her the most, mainly because he had forgotten her, but also because she liked to help him pick on McGee.

"Hey Tony, are you ready?" she asked.

"Uh, yeah. I think I am. Did Gibbs agree to let me visit for a bit afterwards?"

"He did, as long as you take it easy."

"Okay." Tony let Bishop lead him to her car, still feeling very nervous.

* * *

By the time they reached NCIS, Tony was visibly shaking. His nerves had gotten the better of him and he was finding it difficult to calm down.

"Hey, Tony, relax. This is just a quick meeting. Gibbs will be there with you the whole time," said Bishop calmly. "You'll be fine."

Tony nodded. He got out, took a deep breath and then headed into the building slowly. By the time he reached the security checkpoint, Bishop had caught up to him. She showed the guard her ID, but before she could vouch for Tony, the guard broke into a huge smile and reached out to hug Tony.

"Agent DiNozzo!" he exclaimed, his entire face beaming with joy. "Welcome back."

"I'm not here to work Joe," said Tony quietly. "I'm just visiting today."

Joe's smile dropped. "Oh. I miss you, you know?"

"I miss you too," smiled Tony, feeling slightly better now that he was with a friend.

"Let me get you a pass. You can go wherever you want, and you don't need an escort." Joe grabbed a visitor's badge from the desk next to him and handed it to Tony. "Make sure you come and chat before you leave, okay? There's a lot for us to catch up on."

"I'll try." Tony gave him another smile and followed Bishop to the elevator.

"You know what, you have a lot of friends in this building," said Bishop once they were in the elevator. "Everyone misses you."

"Really?" Tony asked, brightening up.

"Yeah. The guards down there, the personnel everywhere. Well, except the ones in the evidence garage. I'm pretty sure they hate you. But even they miss your infectious happiness."

Tony relaxed a little. He hadn't known that he had so many friends at NCIS. "I miss them too, actually."

"Are you interested in coming back yet? I mean, I know you have to wait until the therapist says you're well enough, and for Brad to give you the all clear, but are you ready?"

"Not really. Emma and I were talking about at the start of the week. I don't feel ready just yet."

"That's alright." They stepped out of the elevator when it stopped and headed to the bull pen, ending the conversation.

"Hey Tony," said McGee when Bishop led their friend over to his desk. "Gibbs said he'll be down in a moment if you want to wait for him."

"Thank you." Tony sat on his desk chair, staring at the files that had piled up in his absence. "What are these files for?"

"They need to be filed, some are waiting for reports. Gibbs wants them checked before you come back, so we'll deal with them and just leave the ones that we can't fill out."

"Okay." Tony leaned back in the chair, still looking at the files. He was daydreaming when Gibbs arrived in front of him and broke his concentration.

"DiNozzo. Let's go," said Gibbs. He held out a coffee. "And drink this. You look like you haven't slept in months, maybe years."

"Really? I've been sleeping properly."

"It's an effect of the injuries, Tony," Gibbs said. "When you fully recover, you'll find that you won't look like you've gone ten rounds in a boxing ring."

"Oh, alright." Tony got off the chair and followed Gibbs to the conference room. "Who are we meeting with?"

"Bud Roberts."

"The JAG lawyer?"

"The very same."

Tony immediately felt better. He knew that Bud was a good lawyer and felt that he would give the defence team a run for their money once they actually went to court.

* * *

Gibbs opened the conference room door and let Tony pass him. Then he followed his agent in and closed the door behind them. He was glad to see that Bud had brought Harm along for the meeting. He knew that Tony and Harm got along like a house on fire, and knew how good Harm was at getting people to feel calm.

"Rabb? I thought you were a rear admiral now," said Gibbs.

"I am. When Bud caught the case, he mentioned who the victim was, and there was no way I couldn't come out and join in. Tony is my friend, and he helped me when you thought I was a murderer. It's only right that I help now."

"You know he's not accused of murder, don't you?"

"Of course. I read the file." Harm grinned at Gibbs. "Besides, how could I pass up a chance to see what became of you?" he asked cheekily.

* * *

Tony was glad to find that Bud and Harm were in the conference room. He trusted Bud, but seeing his old friend too made it even easier for him to talk about what he had been through in court.

"Hi, Harm," said Tony happily.

"Hey Tony," replied Harm just as Gibbs entered the room. "I'm really sorry, by the way."

"Not your fault." Tony grabbed some water and then sat at the table, across from Bud but next to Harm. He noticed that Gibbs sat next to him, which relieved him more.

"Alright, shall we start?" asked Bud once Tony looked like he was somewhat comfortable.


	3. Chapter 3

"Shall we start?"

Tony nodded. "Where do you want me start?" he asked Bud.

"From the beginning. How did Zoe come into your life?"

"We met in Philadelphia. We were both rookie cops, and for a while, we pretty much relied on one another. The people in my department didn't seem to like me much, and Zoe was getting much the same treatment where she was. We became friends pretty quickly, but then I got transferred to Baltimore. We tried to stay in touch, but it didn't work out. We lost contact after a month. Then, about eight months ago now, Zoe appeared at a scene we were investigating. The next day, she came to the squad room and told Gibbs that her bosses wanted her to work with us. We worked the case, and when it was over, we decided to try dating. We were working really well for a month or so, too."

"What went wrong?" asked Harm.

"I don't know. I loved her, but she started cheating. She was giving me the cold shoulder when she came to work on a case with us, and then, at a scene, she left me to get shot. I was wearing a vest, so the bullet didn't penetrate my skin. I ended up with two broken ribs."

"Then she came back again? While you were recovering?"

"Yes. I was staying with Gibbs. He went in to work because they were supposed to interrogate Zoe that morning, and our forensic tech, Abby, was going to come and stay with me for the morning. Before she arrived, but after Gibbs left, Zoe came in. When I realised it wasn't Abby, I grabbed the gun Gibbs had left for me and stood up with it. If you can call it standing, anyway. I could stay up straight, and I couldn't hold the gun up properly because it hurt my ribs. When I saw Zoe, I confronted her about the cheating, and she told me it was because I didn't want to meet her parents. She raised the gun to shoot me, so I shot in self defence. My bullet missed the target and got her in the leg instead, but it was enough for her to drop to the ground and drop the gun too."

"Was that when someone came to help?" Bud asked.

"Sort of. Abby had been outside and heard my gun going off. She came in with her own gun and ended up shooting Zoe in the hand so she could stop her from shooting again. I was starting to faint but Abby kept me talking until the paramedics arrived. By the time they were inside though, I was unconscious. I woke up in hospital an hour or so later, but I couldn't stay awake. I heard Gibbs tell me that they wanted to operate on my ribs before I blacked out again."

"When did you wake up next?"

"Almost an hour after surgery."

"Had Zoe been arrested by then?"

"Yes. She was in the hospital while her leg was checked, then she was taken to prison."

Bud made a couple of notes in his notebook, then looked up at Tony. "What happened four weeks later?"

Tony hesitated. He looked to Gibbs, clearly asking for help.

"Does he really need to answer these questions? You have the information and his statement in front of you," said Gibbs.

"I have them, yes. But the more he tells me now, the more information I'll have on Monday," answered Bud.

"Can he have a break then? Before he answers anything else?"

"Of course," said Harm when Bud looked like he was going to object. "Tony, take a few minutes. We can wait."

Tony got up and left the conference room, Gibbs right behind him.

"Are you alright Tony?"

"I don't want to talk to him anymore," said Tony quietly so that nobody passing by could hear.

"Why not?"

"I can't... I..."

"Tony, calm down. You can do this, I know you can. Just take a deep breath, and then we'll go back in. If he starts pushing, I'll end it, okay?"

Tony took a couple of deep breaths until he calmed down. "Okay, boss."

* * *

"Bud, do you remember what I told you when you brought this to me?" asked Harm.

"Of course I do."

"What did I say? Tony's not going to be strong through this. He's been through hell at the hands of these people. You pushing him to talk when he doesn't want to is going to put him on the defensive and make him find it difficult to trust you. I know what you're trying to do, but he isn't a strong, federal agent at the moment. He's hurting, he's feeling scared and probably very fragile at the moment. Do not push him."

"I know that. Okay, maybe that was a little harsh, but how is he supposed to get through the defence's questioning if he can't handle sitting here without an audience?"

"That does not matter. Just calm down, so that Tony can calm down too."

Harm stopped talking just before the door opened and Tony came back in with Gibbs.

* * *

Tony took his seat next to Harm again, with Gibbs on his other side.

"Are you ready to continue?" Harm asked.

Tony nodded his head.

"Bud. Ask your questions, but be careful. You do not want to be thrown off this case before it even gets to court."

Bud nodded. "I'm sorry Agent DiNozzo. I was harsh before and that wasn't nice."

"It's alright," said Tony.

"Okay. What happened four weeks after you first got hurt?"

"I was finally allowed back into the field at work. Gibbs had said I could go to the next scene, but then he seemed like he had changed his mind. He told me it was my choice, but the scene was related to Zoe. I went anyway, because I thought I could deal with it..."

"Tony, do not say that on the stand."

"Say what?"

"Do not say that you went because you thought you could handle it. It will make the defence and the jury think that you are too weak to do your job."

"What am I meant to say?"

"Just say that you went because it was a part of your job. You were doing what you were always trained to do. Say that you do not get to pick the scenes you work on. In fact, don't even say that Gibbs hesitated to send you out, cause that can cause problems too- mainly the thought that your boss doesn't trust you."

"Okay. Anyway, I went to the scene, and there was a message etched into the tunnel wall. I read it, and..." Tony's breath hitched as memories of what he had seen resurfaced. He felt Gibbs' hand on his shoulder, could tell that his boss was staring at him, so he relaxed and continued. "The message, to me, meant that someone was going to try and hurt my new girlfriend. I couldn't let her get hurt because of me, so I raced to Bethesda, where she works, and let her know what was happening."

"Can you tell me what happened after you spoke to Nurse Ingham?"

Gibbs looked at Tony, worry written all over his face. This was the point where Tony had broken down in the hospital, where he had partially broken down with Rachel. He had struggled to tell it to Emma, and she was his confidante.

Tony opened his mouth to answer, but nothing came out. He was struggling, and it seemed like he wasn't going to be able to deal with it himself.


	4. Chapter 4

"Agent DiNozzo?" Bud asked. "Do I need to repeat the question?"

"Lieutenant Roberts, take it easy," warned Harm.

"Sorry."

Harm looked back at Tony, watching him. He saw the man struggling, then saw Gibbs twist Tony's chair around so they were facing each other.

"Tony," Gibbs said. "Look at me."

It was soft, quiet, but it got Tony's attention. The agent looked at Gibbs, and he seemed to calm down a little. Gibbs whispered into Tony's ear, and then Tony relaxed completely.

"Harm, I think this would be a good point to skip over. We can come back later and revisit it, but right now, Tony is not going to be able to answer it." Gibbs stared at the two lawyers, daring them to go against him.

"That's fine," said Bud. "Let's move on. Tony, when you woke up in hospital last month, what were you told?"

"I lost two years of my memory," said Tony. He was no longer looking at anyone. His hands were shaking, but otherwise, he seemed like he was calm again.

"And were the doctors worried about that?"

"Not really. At least not then. They said it would become a problem if it lasted more than a few days."

"How long did it last?"

"Two days. The third morning after I woke up, I had my memory back."

"How long were you in hospital?"

"About a week. I've been home a month."

Bud made some more notes. "Okay. It's lunch time. We should take a break before we speak with the rest of our witnesses."

"There are more people?" Tony asked.

"Ms Sciuto and Dr Mallard have agreed to testify, as well as Nurse Ingham and Dr Pitt."

"Emma? Right, she told me that."

"Tony, is there anything else you want to tell us before we go for lunch?" Harm asked.

Tony nodded. "After I saw Emma at the hospital... Gibbs was ahead of me, near the car, and I stopped to help a man. He hit me with a rock... I saw Gibbs running over, then I blacked out."

Bud listened carefully, making some notes as he went. He realised that Tony was talking about his attack, so he stayed quiet until Tony stopped talking.

"Thank you," said Bud. "That must have been really hard."

"I could hear people talking, but I couldn't see them..."

"That's alright Tony," said Harm. He reached out, but Tony instinctively moved closer to his boss. "Okay, I think we're done here."

Tony just nodded. He stood up, looked at Gibbs and then walked out, passing Abby on the way.

* * *

Harm and Bud sat in silence for a few minutes, thinking about what they had just heard. Sure, they'd read the statement, seen the medical reports, even looked at the investigation reports. Most of what Tony had said wasn't new. But hearing it out loud, from Tony, made it seem more real. That was the hardest part of an investigation, but harder still when it was a friend.

"Excuse me?"

Bud looked over at the door. "Ms Sciuto?"

"That's me. And it's Abby, by the way."

"Come in."

Abby came and sat in Tony's recently vacated chair, looking scared but determined.

* * *

Gibbs followed Tony until they reached the elevator. The agent looked miserable, not that Gibbs could blame him. He'd been through hell and just relived it.

"Boss," said Tony quietly.

Gibbs pulled the emergency stop handle. When the elevator had gone dark and stopped moving, he turned to Tony.

"Talk to me," he said, equally as quiet.

"I'm really sorry about that."

"Don't be. Tony, you are the victim here, there's no need for you to be the strong person you always are. Let them see the real you, let them see the kind, caring man that you really are."

"Are you sure?"

"I am." Gibbs hesitated for a second. "I'm going to tell you something I've never told anyone before. Not even Jenny knew this, and she knew me very well. And, I'm not telling you so you can feel sorry for me, because I got past this a very long time ago."

"Is this about Shannon and Kelly?"

"No. This happened before I even met Shannon."

"Okay." Tony sunk down to the floor of the elevator and was immediately joined by Gibbs.

"When I was fourteen, I went for a walk to the local grocery shop for my dad. You've seen Stillwater, you know how small the town is. Anyway, the store was about two blocks from my father's shop, and it was a walk I'd made dozens, if not hundreds, of times before. My dad had given me ten dollars, which was enough for us to buy a week's worth of groceries at the time, and a list of what he needed. It wasn't a long list and would have given me change when I was done. I got about half way to the grocery store before I felt like something wasn't right. But I was a fourteen year old kid, so I ignored the feeling and kept going. My dad was expecting me back in half an hour, so I couldn't stop and dawdle. About half a block from the store, I felt the odd feeling again. This time I stopped. If I had continued, I would have been fine, but I stopped."

"What happened?"

"I turned around when I stopped, just to see if anyone was behind me. No-one was. So I shrugged it off and turned back around to continue. When I turned to face the shop again though, there was a man standing there. I didn't really think anything of it, he wasn't scary looking or anything. I went to move past him, and that was when he pulled a gun out of his jacket. I stopped and froze. I didn't know what to do." Gibbs heard a sharp intake of breath next to him, but continued. "He didn't even hesitate. He pulled the trigger, and the bullet hit my stomach."

"Boss..."

"I'm not finished. It was early morning, on a weekend, so it was quiet outside. The shot was loud, and it brought people out from all over the block. I had dropped to the ground, but I could still see people running over. Thankfully, one of them was our town's doctor, and he was the first to reach me. For a moment, all I heard was shouting, but after a couple of minutes, I could my dad screaming my name."

"But, you're okay now," said Tony, "so it can't have been too bad, right?" Tony hated when his boss was hurt since the man was like a father to him.

"It wasn't bad, and I was home by the next morning. My dad was too scared to let me out of his sight after that, at least until the guy was caught and went on trial."

"Did you have to tell them what he did?" Tony thought he could see where Gibbs was going with this story, and, if he was honest, it was actually helping him.

"I did. By then, six months had passed, and I'd turned fifteen. The police had taken photos of the bullet wound, both before and after it had healed, and they used them in court. They asked me to testify, and I thought, sure, why not? It'll put him in prison. I didn't realise how traumatic it could be. So I got up in court and explained everything to the judge and jury, but it left me feeling angry and hurt. Much like you are feeling now."

"How did you get through it?"

"I let people in, Tony. I let them help me."

"I am letting people in... I told Delilah what happened last night, and I told you too."

"That's not the same thing. You remember how you told Rachel what happened?"

"Yes. I'm glad I did, it really helped."

"That's letting someone in to help. I know that right now, you don't need a therapist, but I'll bet that after these trials, you will want someone who can help. I suggest you call Rachel and let her know that the trials are coming up. I know she's going to testify on your behalf, but you still need to let her know you want her help. Okay?"

"Okay." Tony gave Gibbs a smile. "Boss?"

"Yes?"

"Thank you. You don't know how much it helps to be able to talk to you."

"I'm always here Tony, even if I seem like a grouch sometimes."

Tony actually laughed. "A grouch? More like a sourpuss, but we love you no matter what."

"You are damn lucky that I can't smack the back of your head, DiNozzo," Gibbs said, though his tone suggested that he found Tony's comment funny too. "Come on, you wanted to visit today, right?"

"Yes."

"Good. Let's go." Gibbs helped Tony up and started the elevator again. "The team misses you."

* * *

"Miss Sciuto, are you sure you want to do this?" asked Harm as he watched Abby fidgeting nervously.

"It's to help Tony, right?" asked Abby.

"Yes."

"Then I'm doing it. I want to help Tony."

"Okay." Harm looked at Bud, warning him to be careful.

"Abby, can you tell me what happened when you arrived at Agent Gibbs' house?" Bud asked.

"I got out of my car to go and stay with Tony while the boss man was at work. I was closing the door of my car when I heard a gunshot inside Gibbs' house. I've been carrying a gun for almost a year now, so I grabbed it out of my boot and went inside. I found Agent Keates on the floor, just outside the living room. I went over to see if she was okay, but before I reached her, I heard Tony's voice. It was so weak that I got scared. When I turned around, I found Tony laying on the floor, almost completely curled into a ball. I couldn't see any blood, so I went over and sat with Tony. He managed to tell me that he couldn't breathe, so I called 911 and Gibbs."

"How long did you sit with Tony before anything else happened?"

"Probably a couple of minutes. Tony whispered to me that Keates was going for her gun, so I turned around. I've never shot anyone before, and I didn't want to do it then either, but I wasn't going to let her shoot Tony either. When she grabbed the gun and pointed it at us, I shot her hand. I saw her drop the gun and cradle her hand, but I couldn't care less at that point. I turned back to Tony, and he was barely conscious by then. I was so glad to hear the sirens in the distance, and even happier when Gibbs ran in with the paramedics right behind him."

"Did you make a statement to the police?"

"Yes. They didn't charge me or anything."

"Okay. Thank you for your time."

Abby stood up and left the room, going to see if Tony was in the bull pen yet.


	5. Chapter 5

Tony followed Gibbs into the bull pen and took a seat at his desk. It wasn't being used at the moment, so Tony felt comfortable to sit there.

"Alright, guys, what have you got?" Gibbs asked.

"We've got a BOLO out on Jolt, but nothing has come through so far," said McGee. "We did get a hit on the DNA that Abby found on the car's interior. It belongs to a Joel Stines. He's a sanitation worker from Canada."

"What's he doing in DC?"

"He's on a holiday visa," answered Bishop. "We called but didn't get an answer. Immigration is looking for him as well as us. And Abby is searching through her many databases to find out if we missed anything."

"Background on this guy?"

"We've been having trouble finding anything."

"Did you try going through the Canadian databases?" asked Tony.

"Tony, you are here as a visitor, not to work," said Gibbs, though it wasn't a reprimand, merely a gentle reminder.

"I know boss. I thought I would just let them know. I don't want them to spend all night working."

Gibbs softened and smiled. "Thank you Tony. Guys, check it out."

Bishop and McGee began typing and searching, and Tony went back to the Tetris game he had been playing on his phone. It wasn't long before he stopped playing again, an idea forming in his mind.

"McGee, can you access old police files?" Tony asked.

"Of course. As long as it's on computer and not just a hard copy. Why?"

"That name, Stines? It sounded familiar earlier, but I just remembered where I heard it."

"Tony?" asked Gibbs. "What's going on?"

"I worked this case when I was in Philly, just after I met Zoe." Gibbs looked at him, but he avoided the eye contact. "In fact, it was the first time we actually had a case together too. We were chasing this woman after she had broken into her boyfriend's parents' house and stolen twenty grand. Eventually, she stopped at a factory, and we went in after her. She was meeting a guy that we later identified as a minor drug dealer named Joe Stines, but that wasn't his real name. We never did find out who he really was."

"McGee, find that case," said Gibbs. "Tony, what year was that?"

"Uh, 1998, boss."

"Were your notes on computer?" asked McGee.

"Yes." Tony looked to Gibbs. "Boss, if it's the same person, I can guarantee you that he'll be the murderer you're looking for. I caught the case, but it had already been a case in other jurisdictions before that."

"Okay. McGee, Bishop, go. Tony, I want you to stop helping on the case and go visit Ducky and Palmer." Gibbs waited for Tony to get up. "Thank you for your insight."

"Always boss," smiled Tony before he headed to the elevator.

* * *

Abby grinned as she got into the elevator with Tony on the second floor. She gave him one of her 'Abby hugs'.

"I've missed you so much Tony," she said.

"Missed you too Abbs. How come you haven't come over for dinner yet?"

"I've been busy. We've had case after case after case this month, and it's getting to the point that I barely go home anymore."

"Sorry, that's partly my fault."

"No it isn't. It's the faults of those that commit the crimes. You being here isn't going to change that."

Tony gave her a smile. He loved having her around, especially when she was in a good mood. "How's Kyle?"

"He's great. We're having dinner this weekend before he and his family go away for the next month. Now, where are you heading?"

"To see Ducky and Palmer. I haven't seen them since before I left the hospital."

"They miss you. Palmer really misses you, though I think he's enjoying not being called an autopsy gremlin."

Tony laughed. "Thanks for the reminder. It's been a while since I've used that nickname."

* * *

Tony said goodbye to his friends before stepping into the elevator with Emma. He had spent the entire day at NCIS without noticing the time passing by until an agent had come to Gibbs with Emma behind him. Tony had been really happy to see her, but also sad to leave his friends again.

"Hey, want to stop for pizza on the way home?" Emma asked when they reached her car.

"Yeah, sure. I haven't had anything except for a sandwich at lunch. I'm starving."

"Of course you are," laughed Emma. "I'll stop at Luigi's."

"Sounds great," said Tony. "Maybe we can watch a movie too?"

"If you want to."

"I do." Tony gave her a smile as they drove, feeling warm and content inside.

* * *

When they got back to Tony's apartment, Emma went to the kitchen and started gathering up what they needed to be able to eat in front of the TV while Tony went into the bedroom to make a phone call. She had feeling she knew exactly who he was calling, but he hadn't wanted to talk about it just yet. She understood, of course, and wouldn't pry. She had told him she was there when he was ready to talk, and that would always be the case.

* * *

Tony dialed Rachel's number, but hesitated before hitting the call button. Gibbs was right that he was going to need the support in the coming weeks, but it was still difficult for him to admit that he needed the help. Emma could only do so much, and it wasn't fair to always lump his problems on her.

"Hello? Tony, is that you?"

Without realising it, Tony had pushed the call button. Maybe his brain knew him better than he thought.

"Yeah, Rachel, it's me."

"Is something wrong? You never call my work phone."

"I... I need your help..."

"With the trials, right?"

"Yes."

"Okay. Whenever you're ready, I'm here. Even if it's just on the phone, you can call me and talk anytime."

"Thank you."

"Tony, I'm always here. I know it's not easy to admit that you need the help, but there's nothing wrong with asking. Everyone in your life cares about you. They don't want to see you hurting. Nobody would ever judge you for asking for help."

"I know." Tony smiled a little. "Thank you Dr Kate's Sister."

"You're welcome Tony. Call me when you're ready to talk and we can set up an appointment."

* * *

"Everything okay?" Emma asked when Tony joined her on the couch.

"Yeah. Actually, I'm glad I called Rachel."

Emma smiled. "Me too. I know you don't want to tell it to me, but you have to talk to someone."

"Trust me, you don't want to know."

"I probably don't, but I'll listen anyway."


	6. Chapter 6

Monday came very quickly for Tony. It seemed like he hadn't even had a weekend to prepare himself for court. He wasn't expected until one thirty, but he had physical therapy until twelve, which meant that he was going to straight to court from there. Emma was taking him to Bethesda on her way to work, but she wasn't going to be able to go with him to the trial. And even if she hadn't been working, she was a witness too, and she wasn't due in court until Tuesday afternoon. Provided that Tony was done by then. Palmer was going to pick him up from the hospital after therapy and take him to the court house, and had promised to stay with him throughout the trial until Emma or Gibbs could be with him instead.

"Tony? Are you ready to go? I've got your suit ready to go, and I'll bring it down to you when you finish in the gym," said Emma through the bathroom door.

"Okay. I'm ready." Tony came out of the bathroom, looking anything but ready.

"Oh, Tony, come here." Emma held her arms out to him, and he walked into them. She cuddled him for a moment. "You aren't even ready yet. Where are your shoes?"

"Near the door."

"Alright. Put the jumper on and I'll get the shoes for you." Emma walked off and grabbed the shoes, then came back to find Tony sitting on the bed, jumper in hand.

"Emma, can you come to the therapy session for a while?"

"I start at nine, so I'll sit for a bit while you wait. But the only way that will happen is if you get ready. Don't make dress you, cause then we'll never get out of here."

Tony smiled. He put his jumper on and tied up his runners. "Alright, I'm ready."

* * *

Emma led Tony into the gym at Bethesda like she always did, mostly just to give him a boost of confidence before he met with his physical therapist. She sat with him near the door, her head resting on his shoulder.

"Hi Tony," said a young man named Adam. "Hi Emma."

"Hey," said Emma with a smile. She had recommended Adam as Tony's therapist because he had a reputation for getting his patients back to full capacity in a short period of time without causing too much discomfort or pain. She had known he and Tony would be instant friends, since Adam was like a younger version of Tony.

"How are you this morning, Tony?"

Tony smiled, but shook his head. He didn't think he could honestly answer without breaking down.

"He's due in court at one thirty," said Emma, holding Tony's hand. "One of his colleagues, Jimmy Palmer, will pick him up at twelve."

"Alright. We're starting early, so we'll definitely be done by twelve. And we'll make sure he eats too."

"Thank you, Adam." Emma turned and kissed Tony. "I'll see you tonight. I should be home before you, so I'll get dinner started. I love you, Tony."

"I love you too," said Tony as he watched her leave.

"Alright, Tony, let's get started. We'll just do an easy session today. I don't want to push you too much when you're going to be in court. That's going to be hard enough for one day," Adam said kindly. "Come on, I've got a few things set up."

Tony sighed. He liked Adam, but he really hated the physical therapy stuff, especially because he didn't really understand why it was needed. He understood the mental activities that Adam gave him, and even exercises that related to his upper body strength, but that was it.

"What are we doing today?" asked Tony.

"Some brain exercises, mostly. We might get you on the weights again, but let's just see how things go."

"Okay." He followed Adam to a desk in the far corner of the gym.

"Have a seat. I want to do some memory exercises first."

"My memory is fine."

"I know that. But we still have to do them, just to make sure that everything is going well. When is your next appointment with Dr Pitt?"

"Next Tuesday."

"What about the neurologist?"

"Not for another month. I saw him on Thursday morning."

"How did it go?"

"Good. I was able to complete the memory tests he gave me this time. And the scans are good too."

"I'm glad. I can't wait to see you out of here for good."

"Me either."

"Have you been in to visit your friends at work yet?"

"Yeah. I was going in to meet with the prosecutor on Friday, so Gibbs let me stay for a while. I ended up losing track of the time, and only realised it when Emma came to pick me up."

"Sounds like you were enjoying yourself."

"Yeah. And I kind of got caught up in the case they were working on."

"Really, Tony?"

"Yes. It was an accident. They were struggling to find answers, and it just made sense to me to search the Canadian databases since the person they were looking for is Canadian. And then they mentioned a name that I recognised, so I gave them the highlights of the case and the year I worked on it so they could use it for their investigation."

"Well, that was really nice of you. Did it help them?"

"I don't know. I got carried away with Abby and forgot about the case."

Adam laughed. "Abby seems to be able to get you distracted quite a lot."

"Haha, yeah, she does. She's the little sister everyone wants."

"Maybe, next time you come to a session, you can bring her. I'd like to meet this woman."

Tony grinned. "She's not what you're expecting, trust me. But, if you really want, I'll bring her on Thursday, as long as she isn't in court."

"Abby is testifying too?"

"Yes. She shot to protect me."

"She cares a lot about you."

"She does." Tony sighed. He couldn't stall for much longer. "We should get started, I guess."

Adam nodded. He grabbed some cards from his backpack and put them on the table.

"What are these for?" Tony asked curiously. His memory exercises had always consisted of writing and reading tasks.

"We're going to try something different. You know how to play memory, don't you?"

"Of course."

"Then, help me set out the cards. We're going to play a game of memory."

"Why?" Tony took some of the cards and spread them out.

"Because, I want to test your memory when you're relaxed. This game is perfect for that."

"Okay," shrugged Tony, feeling quite happy to do this particular exercise.

Adam smiled. He had known that this would go over well. "Paper, scissors, rock to see who's going first?"

Tony grinned. "Sure. Best of three wins."

Tony laughed as he and Adam played two games to finally decide the winner. Ultimately, Tony lost, but he had gotten into the spirit and was starting to enjoy himself.

* * *

Almost twenty minutes later, the game ended. Tony and Adam looked at their piles of cards, and it was pretty clear who had won.

Adam laughed. "Wow, I didn't think I was that bad," he said.

"Well, you should have asked. I've always been good at this game," said Tony.

"Clearly. I guess your memory is doing quite well too. I'll speak with your doctor, because I don't think you really need memory exercises anymore."

"Thank you," said Tony happily. "So, what's next?"


	7. Chapter 7

They were nearing the end of the session, so Adam stopped Tony, who was answering trivia questions based on movies.

"Oh, but I'm almost done," said Tony, still concentrating on two questions that he hadn't yet reached.

"I know. But, we have five minutes left in the session, and I want to discuss something with you," said Adam.

Tony looked up, worry clouding his face. "Did I forget something again?" He tried to think back through the exercises he had done since the memory game.

"No. It's got to do with these sessions."

"Okay..."

Adam took the trivia sheet from Tony and peered at it, amazed at how many quotes Tony had been able to write down in less than ten minutes. "Just from this exercise sheet, I can see how much you've improved in the last month. If I had given this to you in one of your first few sessions with me, there would be no way you could have done as much as you have in ten minutes. The game of memory at the start of the session showed me how well you're able to concentrate now. These exercises we've done today, they all show me that you don't need therapy anymore. I want you to tell me how you feel about these sessions. Be honest."

Tony frowned, a little confused. "Uh, okay. Well, at first, I didn't want to do this. I thought it was a waste of time. And then, after a couple of sessions, I started to feel alright about it. Because, truthfully, it was helping me. I think I was a little embarrassed to be quite honest. I've always taken care of myself, and I've always been able to handle any injuries I've had in the past. I couldn't handle this, it was too much. I was scared to ask for help with it. But now that I've been able to start taking care of myself again, I've been feeling like this is a waste of time and resources. Not just for me, but for you and other people that could really use your help too."

"It's not a waste Tony," said Adam, "even though you have improved, you definitely are not back to what you were at before you were hurt."

"I know that. I just don't feel that I really need these sessions anymore."

"Well, I agree with you. I want to talk to your neurologist, see if I can at least cut back on the therapy. Twice a week isn't really needed at this point. Is that something you would be alright with?"

"Definitely."

Adam nodded. "Okay. I'll speak to your doctor and let you know what is decided. Just don't hold your breath, because I'm not a neurologist and I don't know exactly how well you have healed. I can only speak from what I've seen."

"Thank you."

Adam gave him a smile. "Why don't you get changed? Emma left your suit in the locker room for you. When you're done, we'll go get some lunch."

"Don't you have other patients?"

"Not until one. You were my only patient this morning because we've moved your sessions around this week, and we're down to two sessions weekly during the two trials. I wanted to give you a little longer since you will be in court most of the week. Thursday is a little far away."

"Alright." Tony stood and went into the locker room, quickly changing into his suit for court before going to get lunch.

* * *

Lunch went by fast. Tony and Adam were enjoying each other's company, at least until they were interrupted, anyway.

"Sorry, but it's twelve thirty, Tony," said Palmer when he finally found them in the hospital's food court. "We should get going."

"Oh, alright," complained Tony. He got up and said goodbye to Adam, then followed Palmer to the car.

* * *

The court house was almost forty minutes away from Bethesda, and with traffic, it took them almost fifty minutes to arrive. Harm was waiting on the court house steps when Tony finally made his way up to the entrance.

"Hey, what took you so long?" Harm asked, watching carefully for any signs that Tony was changing his mind.

"Traffic," said Tony simply. "I was at Bethesda this morning."

"With Emma?"

"No. I had a therapy session."

"How did that go?"

"Good, actually. My therapist said he would speak with the neurologist about reducing the sessions if he can't convince them to stop therapy all together."

"That's wonderful, Tony."

"Hopefully, Adam will be able to convince them."

"I hope so."

"Am I late?"

"No. You have five minutes before you get called. Opening statements were made this morning, and we just came back from lunch. Come on."

Tony and Palmer followed Harm into the court room, Palmer taking a seat with everyone in the gallery and Tony heading to the witness box. He was sworn in, and then Bud stood up to ask his questions.

"Mr DiNozzo," Bud began, choosing his words carefully. "Can you please tell the court what happened on the morning of April 2nd?"

Tony took a deep breath. This wasn't the part he would have trouble with, but he knew that it was coming. "I was at work, just like every morning of every week. We had a case that had been going nowhere for days, but we had finally gotten a lead. Our boss came in and told us to grab our work gear, so we did. We all followed him to the elevator, and then to the car. We had been working with the ATF, which is the Bureau of Alcohol, Tobacco, Firearms and Explosives, and their agent on loan to us was the defendant, Zoe Keates. She was coming with us to the scene that we had found out about."

"What happened at the scene?"

"We split into two groups. I had the defendant and my boss with me, so I felt comfortable, even though Agent Keates and I hadn't been on speaking terms for a number of days."

"Why weren't you talking?"

"At the time, I didn't know. I do now. She had been cheating on me, and was pretending she was angry at me so she couldn't slip up and tell me."

"So you were dating?"

"Yes. For roughly six months."

"Okay, please continue."

"Agent Keates was ahead of me when I spotted something on the ground. I had bent down to see what it was, and I noticed a trip wire running across the ground, right in front of her. I wasn't going to let anything happen, so I called out, and when she didn't respond, I pushed her out of the way. Agent Keates glared at me and asked what I was doing, so I pointed out the wire. She didn't thank me or anything, just walked off. I went back to what had originally caught my attention, and then when I realised it was only a piece of plastic, I stood up. I couldn't see Agent Keates anymore, and I was about to call her name, just to make sure she was alright, when I saw a man step in front of me. He was holding a gun, and before I could pull my own gun out, he had pulled the trigger and I was laying on the ground in pain."

"Where was Agent Keates at the time?"

"Standing behind the man that had shot me."

"Did she have her gun out?"

"No. She was smirking, and the man didn't even bother to turn around and do anything to her."

"What happened after that? Who was the person that shot you?"

"I don't know who he was. I never found out. My boss, Agent Gibbs, came running over from where he had been looking at something. He had his gun out, and the guy had raised his gun. His finger was resting on the trigger, so Agent Gibbs shot him. The bullet only hit his arm, but it was effective. Agent McGee arrested him only a couple of minutes later."

"You said you were on the ground. Why?"

"The bullet from his gun hit my stomach. I was lucky enough that it only hit the bulletproof vest I was wearing, but I still had ended up with broken ribs."

"Did you go to the hospital?"

"I did. I had two broken ribs, but they hadn't moved out of place. The doctor kept me overnight, and then I went home the next day."

"Did you go back to work?"

"No."

"So you were at home. How long were you home for?"

"A day. On the morning of the second day, Agent Gibbs had asked our forensic tech, Abby, to come and stay with me while he was at work."

"But that didn't work out, did it?"

"No. Before Abby arrived, Agent Keates did. I was already in pain because of my ribs, but I still got up so I could defend myself. That was how I found out she was cheating on me. I confronted her after I had been told that my neighbour, Max, with whom Agent Keates was cheating, had spoken with my colleagues and told them the truth. I wanted answers, which I had been expecting to get over an iPad screen, not in person."

"What made you feel unsafe?"

"I thought that Abby was the one coming into the house, so I called out to let her know I was in the living room. Anyone that knows Abby, knows that she announces herself straight away, and always answers when someone speaks to her. Nobody answered, which rang alarm bells for me. I grabbed the gun my boss had left for me and got up. I pretended that I thought it was Abby still, but I was creeping to the living room doorway. I couldn't stand up straight because of the pain I was in, and I couldn't hold the gun straight either. When I saw Agent Keates, she was pointing a gun at me. I tried to stall until Abby arrived, but it didn't work. Agent Keates was already going for the trigger. If she had shot me then, I would have died, and I knew that at the time. I raised my own weapon as high up as I could, and pulled the trigger. I had been aiming for her stomach at the very least, but my aim was off. I hit her in the leg. She dropped the gun and fell, but so did I. I couldn't breathe anymore, and the pain had become so intense that I almost blacked out. The only thing that stopped me from passing out was Abby. I heard footsteps, so I looked to the door. Abby was moving over to Agent Keates, and I called out to her. Abby came and sat with me, called for help, and then tried to keep me awake by talking to me."

"How long did you stay conscious for?"

"I don't know. I didn't hear the ambulance sirens coming, and I was told they only took a few minutes to get there."

"You woke up in hospital?"

"For a couple of minutes, yes. I heard my boss mention surgery to me, but I passed out again. I woke up around half an hour after surgery."

"Why did you have surgery?"

"My broken ribs had moved out of place, and one of them had punctured my right lung, which was why I couldn't breathe."

"How long did you spend in the hospital?"

"Three days. Then I was discharged into my boss' care. It was supposed to be for a week, but it ended up being a week and a half by the time I had healed enough to go back to work on desk duty."


	8. Chapter 8

"Now, I know this is hard, Tony, but could you please tell us what happened a month later, on May 3rd?" Bud asked carefully. "Take your time."

Tony hesitated, unsure of how to proceed. He finally decided on just pushing through. "Well... It was my first day back at work when I could actually go into the field instead of doing desk work. My boss had said that I could go to the next scene we got. Then a scene came in. Gibbs told me that I had the choice about whether I wanted to go or not, then told me that the scene was at Leavenworth Prison. Agent Keates had escaped. Ever since I started as a police officer back in Peoria, I've always been told that you don't get to choose your cases. So I went to the scene. I was fine until I saw the message etched into the tunnel wall beneath the prison..."

Bud waited out the pause in Tony's testimony, but the silence stretched on.

"Tony, do you need a break?" Bud asked.

"No," said Tony quietly. He took a breath, then continued. "The message said something about getting me back in ways I would never expect. I didn't really feel scared for me... But I was scared that my girlfriend would be hurt. I didn't want that to happen, so I asked my boss to drive me to Bethesda Naval Hospital, where my girlfriend works. I told her what was happening, and she agreed to go to a safe house or accept protection. I felt a little better when I left, but I didn't get far."

"What happened outside the hospital Tony?"

"I... I... I stopped to help a man that seemed lost. But he wasn't lost. After a moment, I started to walk off. My boss was near the car, so when I started moving away, the guy came closer. I turned back, thinking that he was going ask me something. The next thing I knew, he had a rock in his hand. I tried to step away, but it was too late..." Tony felt his eyes watering, and he found it hard to continue.

"Your honour, we request a short break," said Bud.

"Of course," said the judge. "Let's reconvene in fifteen minutes."

The gallery erupted in whispers. Bud and Harm stood up and made their way over to the stand. Harm helped Tony out of the box and led him outside.

"Tony, do you want to stop? We can stop if you want to," said Harm when they sat on a bench outside the court room.

"Why is it so hard?"

"Because you went through a lot. It's a normal reaction."

"I don't know if I can do this. I don't know how I'm going to cope."

"Talk to us. Talk to me. I've been where you are, and it was hard. I'm here if you need me."

Tony smiled. "You sound like Gibbs."

"Probably a consequence of spending so much time with him." That got a laugh from Tony. "You ready to go back in?"

"Yeah."

* * *

"Before I could do anything," said Tony quietly, "I was hit... with... with a rock. I fell, and just before I blacked out, I saw my boss running over. He didn't get there fast enough."

"Can you tell us what happened after that?"

"I could hear people talking but I couldn't see anyone."

"We're you able to identify who had been speaking?"

"Just one person, Agent Keates."

"What happened after that? When did you wake up?"

"I woke up in hospital almost three days later."

"You had lost part of your memory, right?"

"Yes, two years worth."

"How did that happen?"

"The man that hit me outside the hospital with the rock hit me hard enough to fracture the back of my skull. A piece of the bone had broken partially off and was pressing on part of my brain. The area swelled up."

"What were you told by the doctor?"

"I was told that I was lucky, because injuries like that are severe and are something people rarely recover from."

"But, you seem as though you're doing well."

"Not really. I see a physical therapist three times a week, and I have checkups once a fortnight. I see a neurologist once a month to make sure that my brain is still healing and that no new issues have come up."

The room had gone quiet. Other than a few sniffles now and then, nobody made a sound.

"How long have these appointments been happening for?"

"Ever since I got out of hospital a month ago."

"Thank you, Tony. We understand that this has been hard for you, and we are grateful that you have been able to come and talk here today," said Bud. "Nothing further, your honour."

"Court is adjourned until nine am tomorrow morning." The judge stood up and left, the jury following her a moment later.

"You did great, Tony," said Harm once they were standing outside. "You're half way through, so just keep yourself strong tonight. We'll see you tomorrow morning."

Palmer was coming over, so Harm waited until Tony wasn't alone, then he walked over to where Bud was standing with the defence lawyer.

"Hey, Bud, what's going on?" he asked.

"Mr Fields here wants to discuss a deal," said Bud.

"Let's hear it, then. Mr Fields, what could you possibly offer us?"

"My client wants to change her plea."

"And why would she want that?"

"Because she's feeling bad for making Agent DiNozzo go through a trial. She wants to make a statement in court about her actions to stop him having to go through any more than he already has."

"He's going through this because of her."

"She wants to fix that. She knows she'll never be forgiven, nor is she asking for him to forgive her, she just wants to spare him anymore pain. And she knows that he's going to relive all of this again for the next trial."

"She tells the court, in detail, what she did. She goes back to her cell in Leavenworth for the rest of her sentence, plus another fifteen years on top," said Bud.

"Deal. Like I said, all she wants is to stop this trial."

Bud and Harm watched the lawyer walk away before they turned to each other, identical looks of relief on their faces. Now they just had to tell Tony.

* * *

Tony thanked Palmer for being there all day, then got out of the car and headed up to his apartment. He could hear Emma moving around inside, and then he could hear her talking to someone. He didn't want to interrupt, so he closed the front door quietly and headed straight for the couch. He wanted to watch a movie, something he had to focus on so he wouldn't think about what he had said during the day. But the quiet didn't last long. Emma came in and sat with him, saying something he wasn't listening to on the phone.

"Tony?" Emma asked a moment later.

"Yeah?"

"I'm talking to Rear Admiral Rabb at the moment. He wants to tell you something."

"Okay." Tony went to grab the phone, but Emma put it on speaker.

"Tony, I have some good news for you," said Harm. He sounded happy. "Zoe told her lawyer that she wants the trial to stop. She's going to tell the court what she did to you, plead guilty, and will be in prison for the next twenty years."

Tony brightened immediately. "So I won't have to be in court tomorrow?"

"It'll be up to you. You can come and here what she says and watch her get sentenced, or I can tell you what happens afterwards."

"Can Emma come? Or Gibbs?"

"Whoever you want."

"We'll be there tomorrow morning," said Emma. "Tony needs the closure, and he isn't going to get it by sitting around at home."

"Alright. I'll see you tomorrow then. Tony, get some sleep tonight."

"Thank you, Harm," said Tony. He hung up the phone and let Emma hug him. "Why is she doing this now?"

"Harm told me that Zoe said she feels bad for what she did to you, and she doesn't want you to go through the pain again."

Tony nodded without speaking. He felt a little better, and he wanted to keep that feeling as long as possible.


	9. Chapter 9

Tony awoke the next morning, feeling happier than he had in the last week. He knew that by this trial ending so quickly, the next one would be moved up, but at that moment, all he could think about was how glad he was that Zoe would be in jail.

"Hey, ready to go?" Emma asked from the doorway.

"Yes!" Tony scrambled out of the bed, had a quick shower, got dressed and was out the door before Emma, who was laughing as she followed him.

* * *

The court room was almost full when they arrived, but Emma spotted two spots in the front row of the gallery. She led Tony over, glad when she saw Gibbs sitting there too.

"Hey guys," said Gibbs happily as Tony slid in next to him. "Harm called last night with the good news."

"Tony's been so happy since we found out yesterday," said Emma. "He managed to actually get some sleep last night, which must have done him some good, because he's woken up happy."

"I'm really glad she's doing this. I know it means having to hear what she did, but at least she'll be going to jail at the end," said Tony just as the judge entered the room.

Everyone fell silent, and the judge cleared her throat before saying, "Ms Keates, I believe you wish to make a statement and change your plea?"

"I do," said Zoe.

"Very well, go ahead."

"I want to plead guilty, your honour. I have done something I shouldn't have, to someone who truly did not deserve it." Zoe turned to face the room, and her eyes landed on Tony. "I cheated on Tony because I wanted to get back at him for not meeting my parents. He had explained several times to me why he felt uncomfortable meeting my parents, but I never cared enough to acknowledge it. So, when I didn't feel better even though I was cheating, I decided to take it a step further. I really liked the guy that I was using, and he was happy to meet anyone I wanted him to meet. He was Tony's neighbour and friend, so, naturally, he wanted to go and tell Tony about his new girlfriend. Of course, he didn't know that I hadn't broken up with Tony like I said I did, so I couldn't let him say anything. I figured that if something happened to Tony, then the guy couldn't say anything. I knew I was going to be working with NCIS, so I organised with a friend of mine to have Tony get shot. My friend ended up getting cold feet at the last minute and decided that he didn't want to shoot a federal agent, so he chose to shoot and make sure the bullet would hit Tony's vest. I was pissed, but I couldn't help the feeling of satisfaction I got when Tony looked at me with hurt written all over his face. I ran off before Agent Gibbs could get to us, because I knew that he would figure out who the true culprit was as soon as he knew Tony was okay. I wasn't expecting anyone to find me so quickly, so I had to improvise. I had heard that Tony was fine and would be back at work in no time, so I wanted to fix it. I waited until Agents McGee and Bishop were driving along a quiet street, then I caused them to crash so I could escape. It didn't take me long to find out that Tony was staying with Agent Gibbs, so I went straight there. I was intending to kill Tony this time, but I hadn't expected him to still be quick. He figured out that it was me and not his friend coming in, and when I saw him, he had a gun in his hand. Mine was already raised, so I went to shoot him, but I got distracted when he asked why I had cheated on him. I gave him an answer that I thought would be enough, but he wasn't fooled. He knew I was going to shoot, and he got in first. I dropped when the bullet hit my leg, but I knew that I would be fine, whereas Tony looked like he was almost dead. I actually felt bad when I saw him on the floor, but I refused to let myself care. That was when Abby Sciuto came in, and she was carrying a gun. She ignored me and went to Tony as soon as she saw him on the floor, so I went to shoot her and Tony. But Tony was still conscious, and he saw what I was attempting to do. He warned Abby, so she shot my hand and I dropped the gun."

Tony glared at Zoe, anger filling him at how she had tried to hurt Abby.

"Then, while I was in jail, I spoke to my sister, who lives in LA. I told her why I was in jail, and conveniently left out the part that Tony really was innocent. I didn't want to be stuck in prison, so I had asked her to help me. I wasn't expecting her to break me out of jail, but I went along with it anyway. I pointed her to an old safe house I had used a long time ago for work, and we hid out there until her partner came in with Tony. That was when I realised that Tony was really hurt. I hadn't agreed to that. I yelled at the both of them, asked why they had done what they did to Tony, and they laughed. My sister told me he'd be fine and to get over it, but even from a distance, I could tell that the back of Tony's head was broken. It just looked odd and out of shape. I tried to tell my sister that I wanted out of her plan, but she didn't listen. She told her partner to put Tony in the trunk and then she pulled out to the car they had at the back of the house. I knew we were going to LA, and I highly doubted that Tony would survive a thirty eight hour drive, so when we made a bathroom stop, I went inside the gas station and called Agent Gibbs. I told him everything I could in the few minutes I had, then went back to the car, hoping that they wouldn't realise what I had done. But, they did, and they changed their plans. They dragged Tony and I onto the tarmac at Dulles Airport, and we stowed away inside the luggage compartment of a plane heading to LA. The five hour flight was hard, and when we finally landed, Tony rolled out of the compartment. That was how we got caught."

"Very well. You have given us a statement, and I believe that a deal has been made. So, I am sentencing you to fifteen years in prison, plus the five years you already have. Bailiff, take her to her cell to await transport." The judge shook her head as she adjourned the trial, feeling very bad for Tony.


	10. Chapter 10

It had been two days since Zoe had admitted her guilt in front of everyone, and now it was time for the second trial to begin. Tony had no doubt that this would be harder than the first trial, a lot harder, so he had called Rachel and made an appointment for Monday morning. He was hoping to be done with his testimony by then.

"Tony? Are you alright?" Bud asked, snapping Tony back into reality.

"Sorry, yes, I'm okay. What was your question?"

"I asked if you could explain what happened after you spoke with your girlfriend."

"Right. After I spoke with Emma, I went back out to the car. Gibbs was already there, waiting for me. I stopped about three or four metres away to help a man..."

"Is this man here today?"

"He is." Tony pointed over to where Tracy and Max were both sitting. "He's one of the defendants."

"Let the record show that Mr DiNozzo is pointing to Max Johnson, one of the two people on trial today." Bud turned back to Tony. "Please continue."

"Mr Johnson didn't end up asking me anything, so I turned to walk away. Out of the corner of my eye though, I noticed that he had pulled something from behind his back, and before I could turn around... before I could turn, he had hit me with a rock, and I fell to the ground. I saw my boss running over before I blacked out."

"Can you tell us what happened next?"

"I couldn't see anything, but I could hear people talking. At first, it was sort of muffled, but then the voices became clearer, and I heard one of them saying that she hadn't agreed to me being hurt. I recognised the voice as belonging to my ex girlfriend, Zoe Keates."

"How many other voices could you hear?"

"Two. One was still muffled, like they were in another room."

"Were you able to ID the voices?"

"I had never heard them before, so no, I couldn't."

"Okay. What is the next thing you remember?"

"Waking up in hospital."

"Where was this?"

"Here, in DC. I was in Bethesda Naval Hospital."

"When you woke up, what did the doctors tell you?"

"I was told that I was really lucky, because most people that have injuries like the ones I had, and still have, do not wake up or recover. I also was told that I had lost two years of my memory."

"Did they tell you anything else?"

"Just that they wanted to do some tests and scans. Honestly, if they said anything else, I don't remember. I wasn't listening much."

"When did you learn about your injuries?"

"About a day later. People had been telling me before then, but it didn't register. I just didn't want to believe that I was in such a bad way."

"That's understandable. How long were you in the hospital?"

"About a week."

"In that time, did you discover that you had any trouble with things you had been able to do before you were attacked?"

"Yes. Once I was able to get out of bed, I found I couldn't walk very well. The doctors and nurses had to help me with almost everything. Even feeding myself, when I was using forks or spoons, was hard to do alone. More than once, my boss or one of my colleagues had to help out. I also couldn't really lift things on my own. My arms were constantly weak."

"Are you able to do these things now?"

"Mostly. I can walk properly, but I still have trouble when it comes to running or any other exercise. And I can feed myself without my hands and arms shaking, but lifting things can still be a challenge, depending on the weight."

"Are you getting any help with your recovery?"

"I see a physical therapist three times a week. He helps me with getting more strength into my arms and legs, and we do memory tests and brain exercises."

"How long have you been doing this therapy for?"

"Almost a month and a half now."

"Is it ongoing?"

"Yes. My therapist is looking at reducing the days, but it won't stop yet."

"Okay. Thank you Tony. Nothing further." Bud gave Tony a smile before he went back to his seat, swapping places with Jonathon Fields, who was now representing Max.

"Agent DiNozzo, I only have one question for you," said Fields, even though he was wishing he was far away right then. "If the third voice you had heard was muffled, how were you able to tell that it was my client?"

"I told you, I didn't know who it was. All I knew was that it was a man. For all I know, it could have been anyone."

"Then how did my client get identified?"

"Objection! Your honour, there is no way that Tony can answer that question. He wasn't there when the defendants were arrested or questioned. In fact, at that time, he was still in a coma," protested Bud.

"Commander Roberts is right, Mr Fields. Don't ask questions you know the witness cannot answer," said Judge Devin.

"No further questions." Fields sat down, hoping Max would make this easier and just give himself up.

"Ms Willis, do you have any questions for this witness?" the judge asked.

"I do. Agent DiNozzo, your story is sad and all..."

"It isn't a story! It's the truth!" Tony said angrily. "Why the hell would I make that up?"

"Right, sorry." The lawyer smiled, feeling satisfied with Tony's response. "What you have told the court is sad, heartbreaking really. We all feel for you. But, is it possible that these two people sitting behind me had nothing to do with this?"

"Of course it's possible. I'm not the one that said it was them."

"Is it possible that they were not the ones that made the plan to kidnap you, but were coerced into doing so?"

"What kind of a question is that?"

"Your honour, please make the witness answer..."

"Ms Willis, the witness is right. What kind of questions are you asking? Stick to what the witness has told you."

"Agent DiNozzo," said Willis, not ready to give up yet. "Is it possible that you were mistaken when you heard three voices?"

"No. I know what I heard, and there were three people there."

"Is it possible that you have mistaken Mr Johnson to be the one that attacked you outside the hospital?"

"I didn't make a mistake. He's the one that attacked me. He's the one that hit me with a rock!" Tony was getting agitated and upset.

"Nothing further," said Willis when Bud stood to object to her question.

"Ms Willis, you are to stop badgering the witnesses, or I will hold you in contempt," said the judge. "Agent DiNozzo, you may step down."

Tony flew out of the stand and straight out of the court room, Emma following right behind him.


	11. Chapter 11

"Tony? Hey, it's alright. Don't worry about her." Emma pulled Tony into a hug. "The jury is on your side. Even Max's lawyer is on your side."

"It's not that, Emma. She's right. What if they aren't the ones?"

"Trust me, they are. Max looked like he wanted to admit right then and there what he did to you."

"Then why doesn't he?"

"Probably because he thinks he has a better chance to get less time like this."

Tony snorted. "Not likely."

"What are you doing tomorrow?"

"I have a therapy session. I was going to bring Abby with me so Adam can meet her. He thinks she going to be all girly."

It was Emma's turn to laugh. "Well, he won't be getting what he's expecting then."

"No. But he'll love her, just like everyone else does."

"Of course he will. Now, do you want me to come? The session starts at two, right?"

"Yes. I finish at four."

"Alright. I finish three thirty tomorrow, so how about I meet you down there? I can pick you up at lunch time if Abby doesn't bring you, we can have lunch, then you can go to the gym and I'll head back up to wherever I'm working tomorrow."

"Abby's going to meet me there at three. She's coming straight from work. So, yeah, we can have lunch."

"Are you going to be here tomorrow?"

"Yes. Brad's here in the morning to testify, so I want to be here."

"Alright. I'll be here at twelve to pick you up, we'll go get lunch somewhere, then go off to the hospital. If it's early, you can come up to the ward with me. Mary should be on tomorrow. She'll let you sit in the staff lounge, and if it's quiet, you'll be able to sit with me at the desk for a while."

Tony grinned. "I knew I liked Mary for a reason."

* * *

That afternoon, Bishop was on the stand. Tony watched as she sat down after being sworn in and looked right at Bud. She didn't seem nervous at all.

 _Probably because she isn't the one that was attacked,_ thought Tony with a quiet sigh.

Emma was sitting with him now, and she reached over to hold his hand. She gave it a gentle squeeze to reassure him, and it helped Tony to calm down.

"Agent Bishop," said Bud, "you were the one to accompany Mr Johnson back to DC, is that correct?"

"Yes."

"Are you one of the agents that interrogated him?"

"No. I watched the interrogation, but I was not one of the people that interrogated him."

"Why did you accompany him back then?"

"Because my boss asked me to. He was staying to oversee the third interrogation and needed someone to be here in DC just in case Tony woke up."

"On the way back here, did Mr Johnson say anything to you?"

"No. In fact, the only words that ever came out of his mouth in the five hours we spent on the plane were for a drink of water."

"What about when you landed and took him to a holding cell?"

"Still, he didn't say anything."

"Has he spoken in the time since then?"

"Not to me, and not when I've been able to hear."

"Okay. One last question. When you found Tony, was Mr Johnson or Ms Keller there?"

"Both were there."

"Thank you." Bud sat in his chair and watched as Fields got up.

"Agent Bishop, you said you watched the interrogation. Did my client ever admit to hurting Agent DiNozzo?"

"Yes."

"When?"

"About twenty minutes into the interrogation."

"What was said before that?"

"Sorry?"

"Can you tell me what was said before my client admitted to hurting a federal agent?"

"Yes. Agent McGee said that if Mr Johnson wanted a lawyer, to say so. He hadn't asked for anything or said anything since being arrested, and Agent McGee wanted to make sure that he understood his rights."

"Was there any mention of Agent DiNozzo?"

"Absolutely not."

"Nothing further your honour." Fields sat down.

"No questions for this witness," Willis stated.

Bishop stepped out of the witness box and went to sit with Tony and Emma.

"Commander, call your next witness."

"Your honour, our next witness is a doctor, and he is unavailable until tomorrow morning. We request a recess until then," said Bud.

"What time tomorrow morning?"

"Nine am."

"Okay. Court is adjourned until nine am. Court dismissed."


	12. Chapter 12

It was early, but Tony made his way into the court room. He found a seat at the front where he could see Brad, but, with luck, the defence team wouldn't be able to see him. He had had enough of their staring the day before.

"Hey Tony, I wasn't expecting to see you here after yesterday," said Harm ten minutes later.

"Brad's up there this morning. I wanted to watch. Is that okay?"

"Of course it is. How are you doing this morning?"

"Alright. I'm trying to stay strong, but it isn't easy."

"Have you spoken to that doctor you were telling me about?"

"Rachel? Yeah, I called her. Earliest appointment I could get was Monday."

"That's alright. It's better if you talk to someone."

"I know. Harm, how long is this going to go for?"

"The trial? Hopefully not too long. Brad is up there today, then Zoe is up this afternoon. After that, we only have a few people left."

"What about the defence team?"

"They only have their clients."

"Really?"

"Yeah. I know, it shocked me too. But, hey, if they don't want anymore than that, it's fine with me. How long before you can go back to work?"

"Still three weeks. If I can finish with the physical therapy before that, I might get to go back earlier."

"I hope you can go earlier. You seem like you're getting bored at home."

"I am. It's funny. Last week I wasn't interested in work yet, but now I can't wait."

"That's because you're getting better. That's what happens when you start to heal. And seeing Zoe go to prison would have lifted a huge weight from your shoulders."

"It did."

"Then you'll be happy when these two go to jail as well."

"Harm, why are you and Bud taking this case? I'm not a Marine or a Navy officer."

"No, but you do work for NCIS. That still comes under JAG's jurisdiction."

"Oh, I didn't know that. So, how's Mac?"

"She's good. I spoke to her last night, she wants me to let her know how the trial's going."

"Is she in DC?"

"Not at the moment. She had a case in Florida to deal with, but she'll be back on Monday. If the trial is still on, she'll come."

"I'd like to see her, it's been a while."

"Well," said Harm, noticing that the jury was entering. "When this is over, you should come and visit us for a day. Bring Emma with you."

"Maybe I will." Tony smiled at his friend.

* * *

Bud waited until Brad was seated, and then he stood.

"Dr Pitt, could you please explain to the court what Tony's injuries are."

"Sure." Brad took the chart that Bud had set up next to the witness stand and pointed at an x-ray of Tony's head. He moved his finger along the x-ray as he spoke. "Tony has what is known as a depressed fracture. Basically, it's a fracture where some of the bone breaks off or presses against the brain, causing swelling. It's not something that you can leave to heal on its own, because it won't heal. The only way to fix it is with surgery."

"So you performed surgery on Tony?"

"Not me, a neurologist. I'm not a neurologist, even though I do know some skills that they require. The surgery was done in LA, where Tony was found after he had been kidnapped, and then I flew back to DC with Tony."

"And was Tony awake for the flight?"

"No. He was unconscious before the surgery, and he was unconscious after the surgery. He didn't wake up for two days, by which time we were back in DC."

"What were Tony's other injuries?"

"Like I said earlier, he has a depressed fracture to the back of his skull, which hasn't healed yet. He also had significant swelling on his brain, directly below the fracture. Though we didn't know it for several days, he also had bruising covering a majority of the swollen area, as well as bruising around the back of his brain. When he woke up, we also found out that he had lost two years of memory- which was a result of the swelling pressing on a small section of the area of the brain that controls our memory, and the brain injuries he sustained have caused him to have problems with not only his memory, but also with mobility and simple tasks."

"Have these problems resolved themselves?"

"Not completely. Over the last month, Tony has improved very much, but he'll continue to have some problems until his brain has fully recovered. I spoke with his physical therapist last week, and we agreed that Tony's regained nearly all of his mobility, his memory has definitely improved to the point that he's almost back to what he had been before these injuries occurred, and he's able to perform the same simple tasks that he had trouble with while he was in the hospital and in the first few days of him being home."

"What are the chances of Tony getting back to his full capacity and abilities?"

"We would like to hope that he has a hundred percent chance, but the reality is that it's more like sixty percent. It's not unheard of for a patient with these types of injuries to completely recover, but it isn't common either."

"Is there a risk that these injuries could reoccur?"

"Of course. Anyone can be at risk. But, for people that have had these injuries, the risk is heightened. There's not really anything that can be done about it other than educating the person about how best to stay safe."

"I have one more question, Dr Pitt. Is there any chance these injuries could have occurred by accident?"

"No. The back of a human skull is very thick. You can't break the bone by accident. And the area that is broken for Tony is the thickest part of the skull. The only way to cause a depressed fracture like the one Tony's sustained can only be caused by intense pressure. A hit with a hand or fist could cause a fracture on the front or sides of the skull, but it's almost like a fly hitting the windshield of a car at the back of the end. Pressure that would cause an injury like this is more likely a result of being hit with something heavy and hard."

"Such as a rock?"

"A rock would definitely cause this type of fracturing."

"How long does it take for a fractured skull to heal?"

"For a full recovery, it would take roughly five to six months, depending on the person. In Tony's case, I would say it'd be more like six or seven months."

"Is it possible for Tony to go back to his normal life before these fractures have finished healing?"

"Yes. I wouldn't suggest him going back into the field for some time, but desk work wouldn't be a problem."

"How long would it be before he could be back in the field?"

"Again, it would depend on how well Tony is doing after his skull has healed. "It could be a couple of months, or it could be several months. I've had a patient that wasn't able to go back to work for a year after they healed."

"Thank you. Nothing further." Bud sat down, his mind reeling from what he had just heard. He felt sorry for Tony, and it was all because of the two people sitting smugly across from him.


	13. Chapter 13

"Dr Pitt," said Fields as he stood up. "Is it possible that this fracture could have been a result of Agent DiNozzo's unfortunate tumble out of the luggage compartment of a plane?"

"No. The fracture was already there when Tony rolled out. The injuries from that were merely bruises since he was lucky enough to have landed on luggage and not the hard ground."

"Is it possible that he could have already had these fractures before he was kidnapped?"

"Again, no. I have been Tony's doctor for the last ten or so years. He had no fractures or injuries to his head or brain that same morning when I examined him before allowing him to resume his normal duties at work."

"Could they have been there, and just not have been visible?"

"No."

"Your honour, is the defence going to keep going in circles?" asked Bud.

"Mr Fields, move on," said the judge, who was getting just as annoyed as Bud.

"One last question. You said you've been Agent DiNozzo's doctor for ten years. Is your judgement clouded by your friendship?"

"Definitely not. Whether or not I have a friendship with someone that happens to be a patient of mine does not stop me from doing my job. If anything, it makes me work harder to ensure that I haven't missed anything."

* * *

"How did it go this morning?" Emma asked Tony as they drove to a take out shop they both loved.

"Brad was great. He really screwed up the defence," laughed Tony. "It's a shame you missed it."

"Well, you'll just have to tell me all about it tonight." Emma grinned. "And it better paint a picture."

"How was your morning then?"

"Boring. I'm up in the ICU again today, and there are no patients awake. Mary doesn't start until one, so I've been stuck with a nurse I don't know all morning. She's boring. All she does is play some game on her phone."

"Can't you say something?"

"She's my superior for this morning. Who would believe me?"

"I believe you. I can put in a complaint and pretend that she ignored me when I was looking for my doctor."

"You would do that, wouldn't you?"

"Yes."

Emma shook her head. "Thank you, but I'll be fine. She's not there this afternoon."

* * *

With lunch done, Tony followed Emma into the ICU. They were greeted by Mary, who took Tony's hand and led him to the seat she just vacated.

"How are you Tony?" Mary asked.

"I'm good. Emma is a great nurse," said Tony with a grin.

"She sure is. I heard you've been doing really well with your therapy. I overheard Brad talking with your therapist, and I think you might be lucky enough to get out of any more sessions."

"Really?" Tony's eyes lit up.

"Maybe. I didn't hear the whole conversation. You should ask this afternoon."

"I will."

"How was court this morning?"

"Brad was amazing! He really got the defence lawyer to screw up. It was kind of funny, actually."

Mary looked at Emma, who was grinning. "What's the story?"

"No story, at least not yet. Brad will be here in half an hour, we can ask him," said Emma. "Babe, why don't you head to the gym and talk with Adam before you start your session?"

"Yeah, I will. Are you still coming this afternoon?"

"Of course. I'll be there by the time you finish." Emma kissed Tony, then he left.

"I hope I heard right," said Mary. "He's been through enough. He doesn't need to go through anything else."

"He'll be alright. He's gotten some strength from Zoe going to prison, and having Brad screw up the defence this morning has helped too."

* * *

Tony finally made it to the gym. He had been stopped multiple times by nurses and a couple of patients that he had met during his last hospital stay, and every one of them had been happy to see him up and about with almost a normal pace. He was grateful to them.

"Tony, you're early," said Adam as he came out of his office. "Is everything okay?"

"Yeah. I wanted to ask you something before we start, if it's okay?"

"Of course it is. What's up?"

"One of the nurses up in the ICU overheard you and Brad talking about my sessions. She thinks that you were saying you had thought about stopping the sessions."

"I did tell that to Brad. He agreed but sent me to your neurologist. I spoke to Dennis about cancelling the sessions, and he said he would review your test and exam results as well as my notes and the test results I've given to you. He'll let me know hopefully today, otherwise tomorrow."

"Thank you."

"No problem. Now, how about we get started? It's early still, but it'll give us a chance to take things a little slower."

"Sure. Oh, Abby is coming at three, if that's still okay?"

"Of course. I can't wait to meet her. Is Emma coming down today?"

"Yes, at around three thirty, maybe four."

"Perfect. Maybe we can show her what you've managed to achieve in only a month."

Tony smiled, and his eyes smiled as well. "Let's start."


	14. Chapter 14

Tony was too busy with the task Adam had given him to realise that Abby was standing next to him. He had chosen to take on the challenge, even though Adam had told him it wasn't necessary.

"Tony?" Abby said after he put down his weights.

"Oh, hey Abbs," said Tony as he grabbed his water bottle. "How long have you been here?"

"Ten minutes," Abby announced. "I was watching you. You seem like you're doing a lot better now."

"He is," said Adam as he came over.

"Adam, this is Abby," said Tony, grinning at the look on his therapist's face.

"Oh, hi," said Adam. "I'm Adam, Tony's therapist."

"Nice to meet you," said Abby, not at all fazed by the look of wonder she was getting. "Is Tony ready to come back to work yet?"

"I don't see why not. He's doing quite well. I'm just waiting to hear back from his neurologist, and then I'll be able to sign off on his return."

"Really?" Tony asked.

"Really." Adam gave Tony a smile. "Like I said earlier, if your neurologist is happy with your progress, there's no reason why you can't go back."

Tony smiled happily. He couldn't wait to be able to go back to work.

* * *

Emma was just entering the gym as Abby walked out past her.

"Hi Abby," said Emma.

"Hey. Tony's still in there. Adam has him doing some weights right now."

"That's alright. I wanted to watch him for a bit."

"You have plenty of time. Tony's focused on what he's doing. I stood in front of him for ten minutes before he even realised I was there."

Emma laughed. "Of course. At least he's taking this seriously."

"He's determined to get back to work. Adam said he was waiting on the neurologist to let him know if Tony's able to return yet."

"I hope he is. I know Tony's getting frustrated being at home all the time. As much as this trial is hard on him, he's been happy to get out of the apartment each day."

Abby nodded. She understood completely. She gave Emma a hug and then continued on her way.

* * *

Tony was just finishing the exercise Adam had given him when Emma walked up, a smile lighting up her face. He gave her a smile as he continued lifting the small weights.

"Hey Adam," said Emma, turning her attention to the therapist, though she still watched Tony.

"Hi Emma. We're almost done here." Adam smiled. "I have to say, I'm quite impressed with Tony. He's gotten a lot better since he started here a month ago. I'm surprised, actually. Usually, a person doesn't improve so much so quickly."

"This is Tony we're talking about. He's determined to get back to what he was doing before any of this started. He knows he needs to put in the effort if he wants results."

"He certainly does put in effort. A lot of it."

"Have you spoken to the neurologist yet?"

"No." Adam's phone rang. "Speak of the devil... I'll be right back Tony. When you finish, take a break for a while."

Emma watched Adam step away to talk. Then she looked back to find Tony still lifting the weights. Impressive wasn't the right word for what she was watching. Tony was doing so well, and he actually looked happy. It made her feel so much better when she saw that he was enjoying himself again.

"Alright, that's it. I'm done," said Tony a moment later. He put the weights back on their rack and came over to join Emma, who handed over a water bottle.

"You looked like you were having fun there."

"I was. Adam wanted me to try and beat my last round with the weights. I did ten reps before I gave up."

"How many did you do this time?"

"Twenty five."

"That's brilliant."

Tony smiled. "I was ready to stop when you came in. But I wanted to show you what I've been doing, so I kept going."

"You didn't have to do that. Adam tells me what you do."

"I know, but I still wanted you to see."

Emma grinned. "Why?"

"So you knew I was actually doing the work and not just chatting with Adam."

"Oh, Tony, I know you do the work. I've seen you a couple of times. And Adam always tells me how well you're doing. You don't have to prove it."

"I wanted to." Tony looked over, a small smile on his face. "Are you happy?"

"Happy? Tony, I'm so proud of you. You've come a long way in such a short space of time."

"Thank you."

Emma pulled Tony into her arms, cuddling him. She loved having him in her arms. And since Tony's attack, she had assumed the role of comforter. It actually suited her, too. She was enjoying being able to provide comfort to Tony when he needed it the most.

* * *

Adam answered his phone once he was in his office. He was watching Tony still, making sure he was alright, but he was also listening to Dennis.

"How's Tony going with his physical therapy?" Dennis asked.

"He's doing so well. He really doesn't need to be here for too much longer. I was thinking of stopping the sessions altogether."

"You would need to speak with Dr Pitt too."

"I did. He's happy to stop the therapy once you give us the all clear for it."

"Okay. I reviewed the tests and exam results you sent through, as well as my notes and Dr Pitt's notes. I'm satisfied that Tony is improving nicely. You can stop the therapy sessions, but I still want to see the rest of your results."

"No problem. Tony's here at the moment, so this will be the last session. I'll send everything through when he's finished today."

"Thank you. Please tell Tony that I'm happy that's he improving so much."

"I will. Thank you Dennis." Adam hung up, feeling good about the news he had for Tony.

* * *

Tony finally let go of Emma when Adam walked over to them.

"Hey guys. I just spoke to Dennis, Tony, and I have some good news for you."

"He said I can stop the physical therapy?"

"He did."

Tony smiled happily. His excitement grew by leaps and bounds.

"He is happy for you to return to work, but not until you've at least had your next check up with Brad."

"Okay." Tony threw his arms around Emma, causing her to laugh. "It's time to go back to work!"

"Relax Tony, before you put yourself back in a hospital bed," said Emma, trying to control her laughter.

"I'm fine, Emma! I'm going back to work!" Tony jumped up and hugged Adam. "Thank you!"

Adam couldn't help laughing along with an almost hysterical Emma.


	15. Chapter 15

Tony was still on a high when he walked into court on Monday morning. He knew that his neurologist was testifying today, and Tony just couldn't wait to thank him in person for giving him the all clear to stop the physical therapy and return to work. He also knew that Bud and Harm were nearly half way through their witnesses, which meant that the trial would be over soon.

"You're in a good mood this morning," said Brad when Tony sat next to him.

"Did Adam or Emma tell you?"

"Tell me what?"

"Dennis said I can stop the therapy. Friday was my last session. And I can go back to work after my next checkup with you." Tony's eyes sparkled.

"That's great. Would you like to move up your next appointment?"

"No. I can wait for Thursday. Besides, I'm hoping that this will be over by then."

"I hope so too. I know Dennis is up this morning, and Adam is up this afternoon. Tomorrow morning is another person. This trial is going quickly so far."

"Thank god. I can't wait for it to be over. It's really hard to sit here every day and listen to what they did to me."

"That's normal. You aren't supposed to enjoy hearing it, Tony."

"I know. I have to say though, Friday morning was so funny. You really screwed up the defence."

"Well, they shouldn't have tried to say I was wrong." Brad shrugged, happy to see a grin on Tony's face. "It was their own fault."

Tony laughed. He actually felt good that morning, and he wasn't going to let anyone change that.

* * *

Bud stood up and faced Dennis. They had already established who Dennis was and what his connection to Tony was, so Bud immediately jumped into what he wanted the court to know.

"Mr Dale, you have been treating Tony for how long now?"

"Nearly two months."

"How did he come to be your patient?"

"Tony became my patient when he woke up after being in a coma for two days, and his doctor was worried that there was further damage than he could see on the scans of Tony's brain."

"We've already heard that there wasn't any extra damage. Why did Tony stay under your care?"

"Because, although there wasn't any more damage, the injuries sustained were severe and something that needed to be cared for appropriately by a neurologist."

"So, Tony is still in your care?"

"Tony is still a patient of mine, but he is not under my care anymore. He's no longer a patient in the hospital, which means that he only sees me for checkups."

"How often are these checkups?"

"Roughly, once a month."

"Can that change?"

"Of course. It depends on test results and on how Tony is feeling when he comes in."

"What can you tell us about Tony's injuries?"

"His skull was fractured when he came to me. It had been glued together, but the fractures had not healed. They still haven't healed, though they are mending. His brain was slightly swollen and bruised, which are also healing."

"How bad are the injuries now?"

"Not bad enough to worry me. Tony will most likely be my patient for the next few months, at the least, but he will also be able to go back to work within the next few weeks."

Tony smiled to himself. He heard an audible sigh of relief coming from the jury, which boosted his confidence a little, too.

"That's a good thing. Will Tony be able to resume his normal duties?"

"Yes. It may take some time for him to be able to do them at the same pace he was before he was injured, but I believe that he can get back there, definitely."

Bud thanked Dennis for his time, then took a seat. He was surprised when he heard that both defence lawyers were question free, and the judge allowed Dennis to leave.

"Commander Roberts, call up your next witness, please," said the judge.

Bud stood. "We call Adam Wallace to the stand."

Tony looked up as the door opened and Adam walked past him, sitting a moment later in the seat that Dennis had just occupied.

"Mr Wallace, please tell us how you know Tony DiNozzo."

"Tony, until Friday, was a patient of mine."

"And what is it that you do?"

"I'm a physical therapist at Bethesda Naval Hospital."

"So why is Tony no longer a patient of yours?"

"Tony doesn't need physical therapy anymore. He's improved greatly in the last month that he's been coming to sessions."

"That is good, is it not?"

"It's great. Now that he's no longer in therapy, Tony can go back to work. I know how agitated he's been getting lately because he's ready to go back."

"Thank you." Bud asked a few more questions, then sat down to allow the defence team to ask their questions.

* * *

It was finally lunch time. Tony knew Deeks was the next person to be up on the stand, but he had his appointment with Rachel to go to, so Emma had offered to stay and fill him in later on what he missed. She had promised they would get lunch first though, and then Brad was going to drop Tony off at home, where Rachel was going to meet him at one.

"What do you want to eat?" Emma asked, looking at Tony. "Keeping in mind, pizza is our dinner tonight," she added.

"You read my mind," pouted Tony playfully. "Okay, how about Chinese?"

"Okay." Emma took Tony's hand and they walked a block to the nearest shop. They were slightly later than the lunch rush, so they were served quickly. As they sat down to eat, Emma asked, "are you going to be okay to talk with Dr Cranston this afternoon?"

"Yes. I actually don't think there's too much to deal with. I just want to tell her all the good news."

"So tell her. It'll make it easier to talk too."

Tony smiled. Emma always knew how to make him feel better, and she always knew just when to stop so she wouldn't hurt him.


	16. Chapter 16

Tony thanked Brad for bringing him home and then made his way up to his apartment. He was a little late, and had spotted Rachel's car in the visitor lot at the side of the building, so he hoped she hadn't been waiting long.

"Hey, Rachel, sorry I'm late," said Tony, unlocking his door to let her in.

"No problem. How was court this morning?" Rachel asked. She sat on Tony's couch and waited for him to get some water for the both of them.

"Good. They managed to get the neurologist and Adam done. Detective Deeks and McGee are there now. Bud wasn't sure if they would get to McGee, but he didn't want to have to wait if he finished with Deeks quickly."

"So how many people are left after these two?"

"I think Harm said there were four more. And then there's the two defendants that are going to talk as well."

"Just them and no witnesses?"

"I know, I was confused too. But Harm's right: if they don't want anyone else, then bad luck for them."

Rachel took the water Tony passed her. "Better for you if there's less people to go through."

"Definitely." Tony sat down across from Rachel. "I know I made this appointment to talk things through, but I don't really feel like I have much to deal with now. Can we just discuss some other things that have come up?"

"We can talk about whatever you want to talk about, Tony."

Smiling, and feeling completely at ease, Tony thanked his friend. "I found out on Friday that I don't have to do anymore therapy sessions."

"That's wonderful! I'm happy for you."

"And that means that I can go back to work too soon. I have a checkup on Thursday morning with Brad, and then I find out if I can go back early or not."

"Are you ready to go back?"

"I am. I'm getting sick of these four walls in here. And going to court each day just to get out of this place isn't the greatest idea I've ever had."

"No, probably not. Why don't you go visit your friends?"

"They are all in court."

"Really?"

"Well, not all of them. Bishop is already done with her testimony. But she's been busy at work, going through everything to make sure I don't have any work to catch up on when I go back. I don't want to distract her, because I know she won't stop until she's done."

"So you don't want to distract her because it'll make her work day longer?"

"Longer, yeah, but also so I don't make her work on the weekends as well."

"Does she not go home?"

"Lately, no. She just got divorced, and I think she's still processing it. Home isn't her favourite place right now."

"That's fair enough. So, Bishop is busy. What about Abby?"

"She comes over quite a lot, actually. And I just saw her last week. But I know she's got a new boyfriend that she hasn't said anything about yet, so I want to give her some space to see how that relationship goes."

"Okay. But, you know it's okay to hang out with her, right? I don't think Abby minds spending time with you. Aren't the two of you best friends?"

"We are."

"So what's the problem?"

"There's no problem. Why would you think there is?" Tony asked with a frown.

"It sounds to me like you don't want to hang out with Abby anymore."

"Of course I do. That's ridiculous."

"I know it is, but I just had to mention it. So, what was the reason you wanted a session for?"

"Oh, uh, because I was really hurt by something one of the defence lawyers said to me last week."

"What did they say?"

"That I was making everything up. Or, well, their words were that the story I was telling was sad."

"And that hurt you?"

"Yes. It's not a story, Rachel. I wouldn't make something like this up. What do I have to gain from it? Zoe was going back to prison the moment she got caught, and I don't even know the other two. In fact, Zoe having a sister was completely new to me when I found out."

"Did the judge deal with it?"

"She told the lawyer off and threatened to hold her in contempt."

"Did it work?"

"I guess. She hasn't done anything since then to get her into trouble, although, come to think of it, she hasn't even been asking questions."

"Why not?"

"I think it's because her client is not the one that actually attacked me. And the last few people on the stand were my doctors. Maybe now that Deeks and McGee are going up, she'll have questions."

"Maybe. Who is the second lawyer?"

"The same guy that defended Zoe. He doesn't even try to get his client off."

"Maybe he thinks the guy is guilty?"

"Possibly. He heard what Zoe said, so I guess he could think that."

Rachel laughed. "Great lawyer. What a shame he isn't representing the both of them."

"I know. Actually, it would be so funny if he did represent both. The trial would be over in a matter of hours with the way he works."

Rachel smiled. "I think you're going to be fine, Tony. I'm here if you need to talk, but I think you are good to go."

That got a genuine smile out of Tony. "Thank you Rachel. For everything. For listening, for not pushing me, everything."

"That's my job, Tony. If I was to push you, how would I get you to trust me?"

"You wouldn't. I would just kick you out, or walk out, depending on the setting, like I did with the psychologist at NCIS."

"You walked out?"

"I did. She wasn't even trying to help. She just liked to push our buttons and see if we would get angry with her."

"How does she still have a job?"

"I don't think she does. I haven't seen her around in a while, unless she just avoids our team now."

"That would be her own fault."

Tony shrugged. "It doesn't bother me. I never liked her in the first place."


	17. Chapter 17

Tony was putting the pizza onto plates when Emma came into the apartment, a smile on her face. He watched as she dropped her bag and came into the kitchen to hug him.

"What's so good?" he asked. "You're smiling."

"Bud got through with Detective Deeks and McGee today. He's putting Agent Callen up in the morning, followed by Agent Hanna."

"That doesn't explain why you're so happy."

"McGee said something about how upset he was when he found out that you were hurt. He made the jury cry a little, and even got the judge to cry a bit. It was so funny when even the lawyers were sobbing."

"Including Willis?"

"Yes."

Tony grinned. "That sounds so funny. I wish I was there to see it."

"How did your appointment go?"

"Rachel agreed to let me talk about what had happened over the last week. I told her about not having to do therapy anymore, and she was so happy for me."

"Of course she is. It's wonderful news." Emma grabbed a plate for herself and led Tony to the table. "How long did she stay?"

"About an hour, I think. We chatted about the psychologist at work and how she never did her job properly for a while."

"Why?"

"I mentioned that I was grateful for her not pushing, and she said that pushing people to talk is not a part of the job. I told her about work and how she was always pushing people's buttons to get them angry." Tony shrugged and bit into his first slice of pizza. "Are you working tomorrow?"

"Yes, all day. Brad has the morning off. He said he would be in court tomorrow so you don't have to be alone."

"I'll have to remember to thank him. He's been a great support."

"Want to watch a movie after we eat?" Emma asked, changing the subject.

"Sure. What should we watch?"

"How about... Back to the Future 2?"

"Okay." Tony grinned. "It's better than the first one."

"I hope so, cause the first one was boring." Emma laughed at the look on Tony's face.

* * *

Tony woke up before Emma the next morning. He slipped out of bed and had a quick shower, then quietly made his way to the kitchen to make breakfast. It was still early, so Tony put on a pot of coffee while he cooked eggs, bacon and sausages. It didn't take long, so Tony piled the food onto plates and put it on the table to go and wake Emma.

"Morning, handsome," said Emma a moment later, startling Tony.

"Good morning. I was just about to come and wake you up for breakfast. Hungry?"

Emma sniffed hungrily. "I sure am. What did you make?" She looked at the table. "Eggs and bacon?"

"And sausages." Tony put the coffee in front of their plates. "Coffee too."

"That smells so good." Emma sat down across from Tony and put food onto their plates. "So, are you going to court this morning?"

"Yes. Brad offered to pick me up."

"Okay. What time is he coming?"

"Eight. I told him I wanted to get there a little early so that when I walk in, people aren't staring."

"Fair enough. I can understand that."

They ate in silence for the next few minutes, occasionally sharing a look of happiness.

* * *

Tony and Brad laughed as they entered the court room. Brad had told some silly joke and Tony couldn't help laughing at it.

"Hi guys," said Harm, who had come to know Brad easily. "How are you?"

"Great," said Tony. "And, Brad even said I can start driving again after the next appointment with him."

"Good. I can see that you're happy about that."

"Oh, trust me, I am." Tony grinned. "So, I heard McGee made people cry yesterday."

"He did. Apparently you have a genuine friend in that man."

Tony nodded. "I do. Tim is amazing and a great friend." They sat down in the seats directly behind Harm and Bud. "So, how many people are going up there today?"

"I have two definitely going up. I may be able to get Gibbs up there too today. We'll see how it goes," said Bud.

"This is almost over," said Tony, mainly to himself.

"Yeah, it is nearly over, Tony. You've done really well with this," said Harm. His voice was kind.

"Who is after Gibbs?"

"Zoe."

"After her?"

"Nobody. It'll be the defence's turn to call people."

"So, two more after today." Tony felt relieved.

* * *

It wasn't long before Sam and Callen were both done on the stand. The judge had granted a short lunch break so that Gibbs and Zoe could both be done that afternoon, and so that Wednesday would be for the two defendants to testify. They had all finished lunch quickly, and were sitting in the court room again. Tony noticed that he had McGee sitting next to him this time, so he leaned over as they waited for the judge to come back.

"I've been hearing that you made everyone cry yesterday," said Tony quietly. "I wish I had seen that."

"I didn't mean to do it. I just couldn't hold back."

"Thank you for being a great friend."

McGee smiled. "I'm here if you need anything, Tony, I promise you that."

A few minutes later, the judge came in and told Bud to put his next witness on the stand so they could get going. Gibbs came in and took a seat, his eyes wandering until they landed on Tony.

"Agent Gibbs, Tony has been on your team for the last thirteen or so years, correct?"

"It's actually been almost fifteen years."

"Why has he not got his own team?"

"Tony was offered a team of his own but chose to stay on my team. I don't know why."

"Could it be because you are a good boss to him?"

"It could be, but I can't give you an answer to that."

"So why have you kept him for so long?"

"Because Tony is a damn good agent. He's trustworthy and always looks out for others. I wouldn't have any other person looking out for me in the field, because I know that Tony will never let me get hurt. He's protective of everyone he works with."

"When Tony was attacked outside Bethesda Hospital, did you try to stop it?"

"Of course I tried. You can't begin to even understand how guilty I felt when I couldn't stop him from being hurt. I had promised to protect him until we put Zoe behind bars, yet I managed to fail at it."

"You didn't stop looking for him, though, did you?"

"No. My team and I searched until we got a tip that Tony was being taken to LA. We followed the tip and it was pure luck that we found Tony when we did."

"How was Tony when you found him?"

"Unconscious. He was hurt, you could tell he had broken bones inside his head. I'm not a doctor, but even I could tell that Tony was in serious danger with those injuries."

"Did you go to the hospital?"

"After we arrested the people that had kidnapped Tony, and we were told that the doctor needed to speak with his next of kin."

"You are his next of kin?"

"And his emergency contact."

"Why?"

"Because Tony and I have a close relationship, both on and off the job. Tony is like a son to me, and he has told me numerous times that I'm a father figure for him."

"Can you tell the court what your reaction was when you learned of the extent of Tony's injuries?"


	18. Chapter 18

"Can you tell the court what your reaction was when you learned of the extent of Tony's injuries?"

Gibbs sighed. He knew the question was coming, but he had hoped Tony wouldn't be there to hear about it.

"Agent Gibbs?"

"I was pissed off, angry. I was scared too. Tony's been injured several times before, but only once has he come close to death before this. I was scared then, and terrified now. Fear was coursing through my body at the thought that Tony's injuries were too severe for him to recover from. All I could think about was getting Tony back to DC, back to the safety of Bethesda Hospital and the doctors and nurses that know his medical history. I wanted to stay with him, to forget about everyone and everything else. I wanted Tony to know that I care about him, that I would do anything to keep him safe. By the time I got to DC, Tony had been unconscious for two days, and no-one thought he was going to get better by that point. The care he was getting was more to make him comfortable than to help him. It was heartbreaking to see. When I went into Tony's room, he looked like he was a child. The machines in the room, the tubes and wires he was hooked up to, it all just seemed to be too much for someone that truly does not deserve the treatment he gets. I'll admit that I've not always been kind to Tony, but I don't intentionally do it. The people in his life, they do it to him purposefully. I chose to sit with Tony and talk to him, just like he did for me when the situation was reversed. I didn't know if he could hear me, but I wanted him to know that I was there, that I would do my best to protect him from that point on."

"What did you think about the people that hurt Tony?"

Gibbs snorted. "I don't think you want to hear my answer to that question."

"And why is that?"

"It's not going to be very nice."

"Tell us anyway."

Gibbs shrugged. "I was ready to kill the people that attacked and kidnapped Tony. I swore to myself that I would find them and make them pay."

"Pay, how?"

"Prison. I wouldn't hurt them, ever, even though I think they deserve to feel just as much, if not more, pain that they caused Tony to feel, and possibly live with for the rest of his life."

"Did you see the man that attacked Tony outside the hospital?"

"Yes."

"Can you tell us who that man is?"

"Sure, it's the defendant, Max Johnson."

"Thank you." Bud sat down and Willis got up.

"Agent Gibbs, do you wish to see these two people go to prison at the end of this trial?"

"Of course I do. They've committed a crime and need to pay for it."

"How can you be sure they are the ones that came up with the plan for this heinous crime?"

"Because I have statements from Mr Johnson, and another person, that corroborate each other. Both statements say that Mr Johnson and Miss Keller chose to kidnap Tony and make him pay for hurting Miss Keller's sister."

"Couldn't they have just made that up? Or isn't it possible that Mr Johnson and Ms Keates were working together to coerce Miss Keller?"

"No. We have evidence showing that Mr Johnson willingly attacked Tony and kidnapped him. We have evidence that proves Ms Keller masterminded the whole attack." In truth, this evidence was only circumstantial, but the defence didn't need to know that.

"But, is it possible..."

"Miss Willis! Stop going around in circles," said the judge. "Either move on, or sit down."

A few quiet snickers were heard in the background, but nothing more. Willis frowned but wisely chose to sit back in her seat.

"Nothing further," she said.

Gibbs stepped off the witness stand and went to sit next to Tony, avoiding eye contact. He was saved by the next witness coming in. Zoe sat in the chair Gibbs had just vacated, looking like she was defeated.

"Ms Keates, you have chosen to testify today. Why is that?"

"Because I hurt Tony, and I caused him the extra pain. I have come to terms with my punishment, but I want Tony to have justice, and that can't happen if the two people that are still roaming around don't get punished too."

"Can you please tell the court what happened on May 3rd?"

"My sister, Tracy, had promised to help me fight my conviction and free me. I didn't know she was going to break me out of prison until it was too late to back out, so I just went along with it. She had told me that she had a plan to get Tony back for me to have a relationship with him. I didn't realise what that plan was until we were at an old safe house I had used for work years ago, and Max dragged Tony in. Tony was unconscious, and even from where I was sitting on the other side of the room, it was obvious that the back of his head had been injured. I asked them why they had hurt him, and they both just told me that it was going to be fine and that I didn't need to worry about it. I just had to go along with the plan."

"When you called Agent Gibbs, where were you?"

"About two hours out of DC, on the way to LA."

"And where was Tony at the time?"

"In the trunk of the car. He was still unconscious."

"How long did it take to get to LA?"

"Roughly five hours. The plan was to drive all the way, but we ended up sneaking into the luggage compartment of a plane heading to LA."

"What happened when you arrived in LA?"

"We were waiting until all the bags had been taken out, but Tony accidentally rolled out and landed on top of the luggage on the tarmac. That was when we were found."

"Why didn't you call the police?"

"I called Gibbs, because I knew that he would listen, and would believe me, even if he hated me. I know that he cares about Tony and that he would do anything to find him."

Bud asked another question, but Tony had stopped listening. He had always known Gibbs cared, but hearing what his boss had said earlier made him feel very loved. He had to thank Gibbs for it as soon as possible.

"Thank you Miss Keates. You will go back to Leavenworth now," said the judge, snapping Tony back into reality. He hadn't realised that he had lost track of the time. "Court is adjourned until tomorrow morning, at which time, you will call your first witness, Mr Fields."


	19. Chapter 19

Max was up on the stand first on Wednesday morning. He had spoken to his lawyer the previous night, and had decided he was going to tell the truth. He had seen what Tony had gone through since the previous Thursday, and he had had enough.

"Mr Johnson, you wanted to tell the court something. Please, go ahead," said Fields.

"I helped Tracy plan the kidnapping. I told her to leave that part to me. It wasn't hard to figure out what Tony was going to do once he saw the message we left him, so I waited outside the hospital. When I saw him leaving, and saw that Agent Gibbs was too far away to do anything, I hit him with a rock that I had found in the garden bed. It was heavy, so I knew it would do damage and keep Tony unconscious long enough to get on the road to LA."

"Why would you do something like that?"

"I didn't want to kill the man, I just wanted to incapacitate him long enough so that he wouldn't be able to fight us. Once we were in LA, the plan was to leave him with Zoe so they could talk things over."

Fields was shocked at how easy it had been to get Max to admit his guilt, and he had no more questions, so he sat down, allowing Bud to have a chance to ask questions. Bud, however, had no questions. There was no need; Max had just helped the jury make their decision about his guilt.

"Your honour, it's easy to see that Mr Johnson is guilty. He's admitted it. Can we please move on to Ms Keller?" Bud asked tiredly. It had been a long week.

"That sounds like a great idea. Ms Willis, put your client on the stand and ask your questions." The judge was just as tired as Bud and couldn't wait for the case to be done with.

A moment later, Tracy was sitting in the witness box, her lawyer standing in front of her.

"Tracy, you've been accused of some pretty harsh things. Can you please explain that?"

"There's nothing to explain. I didn't do any of it because I wanted to. I did it because I had no choice."

"Why didn't you have a choice?"

"Because Max and Zoe forced me into following their plan. I would never do anything like that to another person."

"What was your part in this plan?"

"All I had to do was get Zoe out of jail and keep her from running anywhere."

"Did you hurt Agent DiNozzo?"

"Of course not."

"Nothing further." Willis sat down, feeling confident that Bud wouldn't be able to ruin anything. After all, Tracy had admitted what she had done, just not in a way that could get her into trouble.

Bud stood and faced Tracy. "Miss Keller, you forgot to mention something when your lawyer asked you to explain the crimes you are being charged with. How did you know about the tunnel that you used to break Ms Keates out of jail?"

Tracy frowned. She couldn't possibly answer that and still look innocent.

"Ms Keller? Please answer the question."

"I... I had heard about it when I was working for the CIA."

"You worked with the CIA in Los Angeles. Never once did you step foot in DC on work. How did you know about the tunnel? And remember to tell the truth."

Sighing, Tracy knew she wasn't getting out of this one. "Fine. I heard about it from a friend. He's a criminal that I met a few years ago. He told me where the tunnel was and where I could find a hatch into the prison."

"Why would you even think about breaking someone out of jail?"

"She's my sister."

"Your sister had been convicted of a crime."

"So? She's still my sister."

"Is that why you came up with the plan to kidnap a federal agent?"

"Yes."

"And is that why you asked Mr Johnson to help you kidnap Tony?"

"Yes." Tracy groaned. "I came up with the whole plan. Max knew the details and agreed to help. Zoe had nothing to do with it. She tried to stop us, but we didn't listen. We let Agent DiNozzo get hurt and we never planned on him surviving."

Bud nodded, satisfied. "Nothing further." He returned to his seat, noticing that even Harm was stunned.

* * *

Wednesday afternoon was sunny. Everyone was still stunned by Tracy's sudden confession, and there was no doubt in their minds that she and Max were guilty. Even the judge was shocked.

"Foreman, has the jury reached a verdict?" the judge asked.

"Yes, your honour."

"For the defendant, Max Johnson, how do you find?"

"We find the defendant guilty of all charges."

"And for Ms Keller?"

"Guilty of all charges."

"Thank you for your service. You are free to go."

The jury filed out quickly, then the judge turned to the defence table.

"Max Johnson, you have been found guilty of kidnapping and assaulting a federal agent. I am sentencing you to seventeen years in prison. Tracy Keller, you have been found guilty of coercion, kidnapping, breaking a person out of jail, and planning to commit murder. You are sentenced to twenty five years in prison. Bailiff, you can take them away."

Tony breathed a sigh of relief as the two were led away in handcuffs. He couldn't believe how lucky he had been to have survived all of the injuries he had sustained, and to have all three people responsible sent to prison for a very long time. It was finally over.


	20. Chapter 20

Tony followed Emma into Bethesda on Thursday morning, feeling apprehensive about his appointment. He really wanted to go back to work, and it all hinged on whether or not his tests this morning were good.

"Tony, come in," said Brad as Emma and Tony reached the ICU nurses' station, where Emma was working that day.

Tony entered the empty room that Brad was in. He sat down in the soft, comfortable chair next to the bed, and Brad pulled another chair over.

"You can relax, Tony. This is just a checkup."

"I want to go back to work."

"You will. But you need to relax."

"Are you sure that I can go back?"

"I already spoke to Gibbs and Director Vance yesterday afternoon. You are not expected to be at work for another two weeks, but you are welcome to go back from Monday morning."

Tony smiled happily. "Thank you." He relaxed.

"Now, can we get started?"

"Yes. What are we doing today?"

"To start with, I want to do a CT scan. That way, by the time we finish your checkup, we'll have your results."

"Is Emma coming?"

"Not this time, Tony." Brad laughed. "Come on, let's go to radiology."

* * *

Tony skipped into the ICU an hour after his checkup, carrying a paper Brad had given him.

"Tony, what's gotten into you?" Emma asked curiously.

"I'm going back to work on Monday!" Tony handed her the paper, which told her that Tony had been cleared for all work duties and for driving, which he had been looking forward to as well. She had been alternating between their cars so Tony's would get used.

"Congratulations!" Emma hugged him tightly and gave him a kiss.

* * *

Monday morning dawned bright and sunny, matching Tony's mood. He got up and got himself ready for work, had a quick breakfast, and then headed out. Emma had made him some lunch before leaving for work an hour before, so Tony was carrying it in his left hand. His keys were in his right hand and he opened his car door, excitement coursing through him. It didn't take him long to get to work that morning, and when he had parked his car at the Navy yard, Tony headed inside.

"Good morning, Tony," said Gibbs when Tony got to his desk.

"Morning, Gibbs." Tony turned his computer on and pulled the two files on his desk towards him.

"You must be feeling better?"

"I am. Boss, thank you for what you said last week. It means a lot to me."

"You know that I mean it? Even if I don't always seem like it?"

"I do. You are the best boss in the world. I've stayed for so long here because of you. I trust you, and I know I can be safe with you looking after me. Thank you for everything you did for me."

Tony got a rare smile and returned it. He was almost back at his full capacity, and he was back at work with the people he loved. Things were finally looking up for him.


End file.
